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STATUTE LAW OF NEW JERSEY 



RELATIVE TO THE 



Shell Fish Industry 

COMPILED UNDER AUTHORITY 
OF THE 

Board of Shell Fisheries 



SEPTEMBER 1, 1918. 



New Jersey Reformatory Print 

Rahway N. J. 

1918 



STATUTE LAW OF NEW JERSEY 



RELATIVE TO THE 



Shell Fish Industry 

COMPILED UNDER AUTHORITY 
OF THE 

Board of Shell Fisheries 



SEPTEMBER 1, 1918, 



Eahway N. J. 

New Jersey Reformatory Print 

1918 



\9 « a 



Digitized b^Jh^lnternet Archive 
in 2011 with funding from 
The Library of Congress 



http://www.archive.org/details/statutelawofnewj01newj 



Table of Gases Cited in Notes 



ARNOLD v. MUNDY, 

ASSOCIATES, ETC. v. JERSEY CITY, 

BATEMAN v. HOLLINGER, 

BATEMAN v. POLHAMUS, 

BENNETT v. BOGGS, 

BIRDSALL v. ROSE, 

BRADFORD v. DeLUCA, ET. AL., 

BROWN v. DeGROFF, 

CANAL CO. v. RAILROAD CO., 

DAY v. COMPTON, 

DeGRAFF v. TRUESDALE, 

GOUGH v. BELL, 

GOUGH v. BELL, 

GOUGH v. BELL, 

GRACE v. WILLETS, 

HANEY v. COMPTON, 

HOWELL v. ROBB, 

JOHNSON v. LOPER, 

LEE v. STATE OF N. J., 

MARTIN v. WADDELL, 

METZGER v. POST, 

McCARTER v. OYSTER CO., 

McCREADY v. VIRGINIA, 

PAUL v. HAZELTON, 

POLHAMUS v. BATEMAN, 

POST v. MUNN, 

SHEPHARD v. LEVERSON, 

SMITH v. WILLETTS, 

STATE v. BOLLER, 

STATE v. CORSON, 

STATE v. CORSON, 

STATE v. HAND, 

STATE v. LEE, 

STATE v. LEE, 

STATE v. LEE, 

STATE v. NELSON, 

STATE v. PARKER, 

STATE v. POLHAMUS, 

STATE v. POST, 

STATE v. PRICE, 

STATE v. TAYLOR, 

STEVENS v. PATERSON R. R. CO., 

STEVENS v. RAILROAD CO., 

TOWNSEND v. BROWN, 

WELLER v. SNOVER, 

WOOLEY v. CAMPBELL, 

YARD v. CARMAN, 



6 N. 


J. L. 


1 


8 N. 


J. E. 


715 


30 ATL. REP. 1107 


60 N. 


J. L. 


163 


BALD. 60 FED. CAS. 1319 


46 N. 


J. L. 


361 


90 N. 


J. L. 


434 


50 N. 


J. L. 


409 


16 N. 


J. E. 


366 


37 N. 


J. L. 


514 


10 N. 


J. L. 


90 


21 N. 


J. L. 


156 


22 N. 


J. L. 


441 


23 N. 


J. L. 


624 


50 N. 


J. L. 


414 


36 N. 


J. L. 


507 


7 N. 


J. E. 


17 


46 N. 


J. L. 


321 


207 U. 


S. 67 




18 N. 


J. L. 


495 


44 N. 


J. L. 


74 


78 N. 


J. L. 


394 


94 U. 


S. 391 


37 N. 


J. L. 


106 


60 N. 


J. L. 


163 


4 N. 


J. L. 


*61 


2 N. 


J. L. 


369 


81 N. 


J. L. 


371 


47 FED. REP. 415 


65 N. 


J. L. 


502 


67 N. 


J. L. 


178 


71 N. 


J. L. 


137 


70 N. 


J. L. 


368 


74 N. 


J. L. 


852 


207 U. 


S. 67 




65 N. 


J. L. 


500 


57 N. 


J. L. 


360 


57 N. 


J. L. 


348 


55 N. 


J, L. 


264 


71 N. 


J. L. 


249 


27 N. 


J. L. 


117 


34 N. 


J. L. 


532 


20 N. 


J. E. 


135 


24 N. 


J. L. 


80 


42 N. 


J. L. 


344 


■37 N. 


J. L. 


163 


3 N. 


J. L. 


*943 



TABLE OF CONTENTS 



PAGE. 

I. Act Creating Board of Shell Fisheries 5 

II. Act Creating Bureau of Shell Fisheries 20 

III. General Acts Relative to Clams and Oysters 22 

IV. General Miscellaneous Acts 43 

V. Acts Applicable to Delaware Bay, Delaware River, 

Maurice River Cove and Raritan Bay 62 

VI. Acts Relating Exclusively to Atlantic County 79 

VII. Acts Relating Exclusively to Ocean County 89 

VIII. Acts Relating Exclusively to Shark River 98 



STATUTE LAW OF NEW JERSEY RELATIVE 

TO THE 

SHELL FISH INDUSTRY. 



1. BOARD OF SHELL FISHERIES. 

Chapter S87, Laws of 1915, p. 734. 

An Act to establish a Department of Shell Fisheries 
and to vest therein all the powers and duties now 
devolved, by law, upon the state bureau of shell 
Fisheries, the State Oyster Commission, the Oyster 
Commission for the District of Ocean County, the 
Oyster Superintendent for the District of Ocean 
County, the Oyster Commission for the District of 
Atlantic County, the Oyster Superintendent for the 
District of Atlantic County, and the Oyster and 
Clam Commissioner of the District of Shark River 
in the County of Monmouth. 

1. board of shell fisheries established. 

Sec. 1. A department of shell fisheries is hereby estab- 
lished, and the same shall be governed by a board to be known 
as the "Board of Shell Fisheries." 

2. constitution of board. 

Sec. 2. The Board of Shell Fisheries shall consist of eight 
members, not more than four of whom shall be members of 
the same political party, and all of whom shall be actually 
engaged in the shell fish industry as planters or shippers or as 
owners or lessees of land on which shell-fish are produced, and 
residents of counties located within the recognized oyster- 
producing section. At least three members of the Board shall 
be residents of the County of Cumberland and of the five 

(5) 



6 Statute Law of New Jersey 

remaining members one shall be appointed from the County 
of Cape May, one from the County of Atlantic, one from the 
County of Burlington, one from the County of Ocean and one 
from the County of Monmouth. 

3. APPOINTMENT. TERMS. VACANCIES. MEETINGS. PRESI- 
DENT. 

Sec. 3. The members of the Board of Shell Fisheries shall 
be appointed by the Governor, by and with the advice and 
consent of the Senate, for the following terms, to commence 
on the first day of July, one thousand nine hundred and fifteen ; 
two for one year, two for two years, two for three years, and 
two for four years. Annually thereafter two members shall 
be appointed for a term of four years. Vacancies shall be 
filled for the unexpired terms. The board shall meet in the 
State House, in Trenton, at such times as its rules may pre- 
scribe in each and every month, and at such times and places 
within the state as, in its judgment, may be necessary. The 
board shall elect one of its members president who shall hold 
office for one year and until his successor shall be elected. 

The members of the board shall receive no compensation 
for their services, but the State Treasurer shall, upon the war- 
rant of the State Comptroller, pay their necessary expenses. 

4. DIRECTOR. SALARY. TERM. 

Sec. 4. The board shall select a person who shall be known 
as the "Director of Shell Fisheries," who shall be a resident of 
this state and a practical oysterman. In case the board cannot 
agree because of a tie vote therein, upon the selection of a 
director, the Governor shall be requested to sit with said board 
for the purpose of casting the deciding vote. Said Director of 
Shell Fisheries shall receive a salary of not more than two 
thousand dollars per annum, to be paid out of the treasury of 
this state as the salaries of other employees, are now, or may 
hereafter be, paid. He shall devote his entire time to the 
duties of his office, and shall serve for a term of three years, 
and until his successor has been appointed and qualified. 



Relative to Shell Fish Industry 7 

5. departments. powers. duties. 

Sec. 5. The Board of Shell Fisheries shall be divided into 
two departments, one to be known as the department of the 
Maurice River Cove consisting of the members from the coun- 
ties of Cumberland and Cape May, and the other to be known 
as the department of the Atlantic Coast, consisting of the 
members from the counties of Atlantic, Burlington, Ocean, 
and Monmouth. 

A. The Board of Shell Fisheries shall succeed to and exer- 
cise all the powers and perform all the duties but no other 
than now exercised and performed by or conferred or dis- 
charged upon the State Bureau of Shell Fisheries. 

B. The Department of the Maurice River Cove shall suc- 
ceed to and exercise all the powers and perform all the duties 
but no other than now exercised and performed by or con- 
ferred or discharged upon the State Oyster Commission. 

C. The Department of the Atlantic Coast shall succeed to 
and exercise all the powers and perform all the duties but no 
other than now exercised and performed by or conferred or 
discharged upon the Oyster Commission for the District of 
Ocean County, the Oyster Superintendent for the District of 
Ocean County, the Oyster Commission for the District of 
Atlantic County, the Oyster Superintendent for the District 
of Atlantic County, and the Oyster and Clam Commissioner 
of the District of Shark River in the County of Monmouth, 
in their respective districts. 

6. SUB-DEPARTMENTS OR DIVISIONS. 

Sec. 6. The Board of Shell Fisheries through its two 
departments, each independent of the other, shall also have 
power to create sub-departments or divisions, to take specific 
charge of the different lines of work contemplated in this act, 
and shall have power to appoint heads or chiefs of such sub- 
departments or divisions, at salaries to be fixed by said board. 

7. CONTROL. SALARIES. REPORT. 

Sec. 7. The Board of Shell Fisheries shall have full con- 



8 Statute Law of New Jersey 

trol and direction of the shell fish industry and of the protec- 
tion of shell fish throughout the entire state. It shall make 
such rules and regulations as, in its opinion, may be necessary 
for the preservation and improvement of the shell fish indus- 
try of the state. It shall fix the salaries of all employees. 

The Board of Shell Fisheries shall report annually to the 
Legislature. 

8. DIRECTOR-SECRETARY. POWERS. DUTIES. 

Sec. 8. The Director of Shell Fisheries shall attend all 
meetings of the board, and shall be ex officio secretary of the 
board. He shall be subject to the rules and regulations of the 
board, and shall exercise general supervision over the shell fish 
industry of the state. He shall be and hereby is charged with 
the enforcement of all laws relating to such industry and of 
all rules and regulations made by the board. He shall obtain, 
collect and preserve such information relating to the shell fish 
industry as may be useful in the discharge of his duties or may 
contribute to the promotion of such industry. He may, and 
any person authorized by him so to do may, without fee or 
hindrance, enter, examine and survey all grounds used for the 
shell fish industry, and all boats, apparatus, buildings and 
structures used in connection therewith or in aid thereof. 

9. INVESTIGATION. WITNESSES. 

Sec. 9. The Board of Shell Fisheries, by its presiding 
officer, each of its committees by their chairman and the 
Director of Shell Fisheries, shall have authority to administer 
oaths, and to examine under oath in any part of the State 
witnesses in any matter relaing to shell fish or to the shell fish 
industry. For this purpose it may issue subpoenas, signed by 
its president and secretary, requiring the attendance of wit- 
nesses and the production of books and papers in any part of 
the State before it or before any of its committees or before 
the Director of Shell Fisheries, and any person who, being 
served with a subpoena issued pursuant to the provisions of 
this act, shall fail to attend or who shall fail to give testimony, 
unless such testimony incriminate him or subject him to a fine 



Relative to Shell Fish Industry 9 

or punishment, shall.be liable to a penalty of five hundred 
dollars for each and every offense, to be recovered in the name 
of the State of New Jersey; said penalty, when recovered, to 
be paid into the Treasury of the State of New Jersey ; and it 
shall be the duty of the Attorney-General to prosecute any and 
all actions for the recovery of penalties, when requested so to 
do, and when, in his judgment, the facts and the law warrant 
such prosecution. Any person who having been sworn by the 
presiding officer of the board, or the chairman of any of its 
committees, or by the Director of Shell Fisheries, wilfully 
gives false testimony, shall be guilty of perjury. 

10. REMOVAL OF DIRECTOR. 

Sec. 10. The Director of Shell Fisheries may be removed 
by the Governor, after a hearing; provided, that charges 
against him have been submitted, in writing, signed by a 
majority of the members of the board; and provided, further, 
that the Governor finds such charges to be true in fact, and 
their nature such that, in his opinion, the best interest of the 
state demand the removal of said Director. 

11. APPOINTMENTS AND TENURE OF EMPLOYEES. 

Sec. 11. All of the employees of the Department of Shell 
Fisheries shall be appointed and shall hold their position sub- 
ject to the provisions of an act entitled "An act regulating 
the employment, tenure and discharge of certain officers and 
employees of this state, and of the various counties and 
municipalities thereof, and providing for a civil service com- 
mission, and defining its powers and duties," approved April 
tenth, one thousand nine hundred and eight. 

12. CODIFICATION OF LAWS RELATING TO SHELL-FISH IN- 

. DUSTRY. 

Sec. 12. Immediately upon the organization and estab- 
lishment of the Board of Shell Fisheries, it shall become the 
duty of the board to codify the various laws which have been 
passed, from time to time, relating to or concerning, in any 
way whatsoever, the shell fish industry of the state, or in any 



10 Statute Law of New Jersey 

way relating to the department before its present consolida- 
tion, which codification shall set forth, in a clear and com- 
prehensive manner, the origin of the department, meaning, 
thereby, its creative act, after which shall follow, in their 
proper order, all existing acts amendatory thereof and supple- 
mentary thereto, and all acts relating to its consolidation (if 
any there has been) with any other board or boards, commis- 
sion or commissions, department or departments. Said work 
of codification shall continue, from year to year, after the 
principle herein set forth, with the idea of preserving, in con- 
crete form, the history and development, or evolution, so to 
speak, of the shell fish industry of this state, thereby contrib- 
uting materially to a better and more comprehensive under- 
standing of all laws relating thereto, and of the powers and 
duties devolved upon the department by said acts. 

13. EXPLANATION OF TERMS. 

Sec. 13. Whenever in any act the words, "the State 
Bureau of Shell Fisheries," "the State Oyster Commission," 
"the Oyster Commission for the District of Ocean County," 
"the Oyster Superintendent for the District of Ocean County," 
"the Oyster Commission for the District of Atlantic County," 
"the Oyster Superintendent for the District of Atlantic 
County," "the Oyster and Clam Commissioner for the District 
of Shark River in the County of Monmouth," "the Oyster 
Commission," "State Oyster Commission," "Oyster Superin- 
tendent," or "State Oyster Superintendent" are used, the same 
shall be taken to be and to mean the Board of Shell Fisheries. 

14. retention of employees, may abolish positions. 

Sec. 14. The officers and employees now in the employ of 
the State Bureau of Shell Fisheries, the State Oyster Com- 
mission, the Oyster Commission for the District of Ocean 
County, the Oyster Superintendent for the District of Ocean 
County, the Oyster Commission for the District of Atlantic 
County, and the Oyster Superintendent of Atlantic County, 
and the Oyster and Clam Commissioner of the District of 
Shark River in the County of Monmouth, shall be retained 



Relative to Shell Fish Industry 11 

in their present offices or positions and shall continue as 
employees of the department of . Shell Fisheries, unless re- 
moved in accordance with the provisions of an act entitled 
"An act regulating the employment, tenure and discharge of 
certain officers and employees of this State, and of the various 
counties and municipalities thereof, and providing for a civil 
service commission and defining its powers and duties," 
approved April tenth, one thousand nine hundred and eight. 
The Director of Shell Fisheries, however, may with the 
approval of the Board, abolish any office or position which, in 
his judgment, it may be unnecessary to retain. 

15. REPEALER. CONSTITUTIONALITY OF ACT. 

Sec. 15. All acts and parts of acts inconsistent herewith 
be and the same are hereby repealed, and this act shall take 
effect on the first day of July, one thousand nine hundred and 
fifteen ; provided, however, that if any section or parts thereof 
of this act shall be questioned in any court, and shall be held 
to be unconstitutional and void, the sections or parts thereof 
so declared to be invalid shall be exscinded and the balance of 
the act shall stand as though said sections or parts thereof had 
never been included within the provisions of this act. 

Approved April 23, 1915. 



CHAPTER 116. 



An Act relating to the propagation, planting, preserva- 
tion AND GATHERING OF CLAMS AND OYSTERS IN THE TIDAL 
WATERS OF THIS STATE, AND ENLARGING AND DEFINING THE 
POWERS AND DUTIES OF THE BOARD OF SHELL FISHERIES. 

(Act of March 24, 1917, P. L. p. 250, as amended March 4, 1918, P. L. p. 781.) 

16. POWER TO LEASE LANDS UNDER WATER. 

Sec. 1. The Board of Shell Fisheries shall have power to 



12 Statute Law of New Jersey 

lease to applicants therefor any of the lands of the state under 
the tidal waters thereof, to be exclusively used and enjoyed 
by such lessee for the planting and cultivating of oysters and 
clams; 'provided, however, that no lease or leases shall be 
hereafter granted to any person or persons who shall not be 
at the time of granting such lease or leases, and shall not have 
been for twelve months next preceding a citizen and actual 
resident of this state, but this restriction shall not apply to 
renewals of any lease or leases heretofore granted; and pro- 
vided, further, that no lands shall be leased above the south- 
west line in the Delaware Bay, nor in any creeks tributary 
to Delaware Bay, nor any other lands under the waters of 
Delaware Bay, Raritan Bay, or Sandy Hook Bay, which by 
any existing law of this state it is not now made lawful to 
lease for such purposes, nor the beds at the mouth of the 
Tuckahoe and Great Egg Harbor Rivers, nor the graveling 
beds at the mouth of Mullica River, Parker's beds in Parker's 
Cove, Forked River beds, Cedar Creek beds and Sloop Creek 
beds in Barnegat Bay, nor Shrewsbury River and both 
branches thereof below Geuyon's Point, on the north branch, 
and Little Silver on the south branch. 

Note. — In Smith vs. Board of Shell Fisheries, (June Term 1917, unreported), the 
Supreme Court refused to issue a writ of mandamus requiring the Board to grant a 
lease for oyster lands in Delaware Bay where the application for lease described a plot 
of ground containing 20 acres, more or less, situate about one-half mile southwesterly 
from the beacon light on Dead Man's Shoal, and the plot described in the application 
for mandamus was 180 acres, located about 2 miles southwesterly from said beacon light. 

In Bate vs. Board of Shell Fisheries, (November Term 1917, unreported) , the Supreme 
Court dismissed a writ of certiorari which removed leases made by the Board for lands 
under water in Delaware Bay. Prosecutor claimed that the lands leased were natural 
clam grounds and that the Board had no power to lease them. The Court held that 
the leased lands were not, nor had been, natural clam grounds. 

17. PERIOD OF RENTALS. 

Sec. 2. The Board of Shell Fisheries shall fix and deter- 
mine the term for which leases may be granted, not exceeding 
thirty years, the rental to be paid for the grounds described 
therein, the maximum size of any single ground to be here- 
after leased, and the total acreage which may be hereafter 
leased to any person or persons. 



Relative to Shell Fish Industry - 13 

18. leased lands to be measured and mapped. leases 

and transfers to be recorded. 

Sec. 3. The Board of Shell Fisheries shall, from time to 
time, cause the lands leased as aforesaid to be measured, and 
the metes and bounds thereof ascertained and located by 
ranges, monuments or other means, so that the limits of the 
lands embraced within such leases may be accurately fixed and 
easily located; the Board of Shell Fisheries shall cause such 
leased lands to be mapped, and the said maps to be filed in the 
office of the Board of Shell Fisheries and copies thereof to be 
filed in the office of the Department of the Maurice River Cove, 
and the offices of the Department or Divisions of the Atlantic 
Coast, respectively, and shall also cause the leases so made 
and assignments and transfers thereof to be recorded in books 
kept in the offices of said departments or divisions, respec- 
tively; and no asignment or transfer of any ground or lease 
therefor shall be valid unless the same be approved by the 
Board of Shell Fisheries and forthwith recorded in the office 
of the department or division in which the leased land is 
located; the expense of surveying, measuring, locating and 
mapping any ground or grounds to be paid by the applicant 
therefor before he shall be entitled to a lease or leases for the 
same. 

19. OATH PRESCRIBED FOR APPLICANT. 

Sec. 4. The Board of Shell Fisheries before issuing any 
lease to any person as provided for in this act, and before 
approving any assignment of a lease, shall cause the person 
applying for such lease or for approval of an assignment 
thereof, to make and file with them an oath that he is a citizen 
and actual resident of this State, and has been such citizen 
and actual resident for twelve months next preceding said 
application. 

20. TAKING OYSTERS AND CLAMS FROM SPAWNING GROUND. 

Sec. 5. Any person who shall catch or take oysters or 
clams from any of the natural oyster beds or grounds men- 



14 Statute Law of New Jersey 

tioned in section one of this act, where oysters naturally 
spawn and grow under the tidal waters of this state, except 
during the months of May and June, and then between sun- 
rise and sunset only, shall be guilty of a misdemeanor; pro- 
vided, that this section shall not apply to the beds, creeks and 
rivers named in section nine of this act nor Raritan Bay or 
Sandy Hook Bay nor in the Mullica River north of Deep Point ; 
Mott's Creek and Oyster Creek in Atlantic county; Cedar 
Creek, Clam Creek and Potter's Creek in Ocean county, and 
Shark River and Shrewsbury River and both branches thereof 
in Monmouth county. 

21. TONGERS' LICENSES. CONDITIONS. FEE. NUMBER. 

Sec. 6. No person shall catch or take oysters or clams by 
means of tongs, rakes or forks from any of the natural oyster 
or clam grounds in the waters of this state, without first 
obtaining a license from the Board of Shell Fisheries and 
paying therefor a license fee to be fixed by said Board of Shell 
Fisheries, from time to time, at a sum not less than two dol- 
lars and fifty cents or more than ten dollars ; each license so 
granted shall be for the term of one year from the first day 
of January of the year of issue, and shall be under the hand 
and seal of a chief of one of the departments or divisions of 
said Board of Shell Fisheries ; each license so granted shall 
be numbered and shall state the name and residence of the 
persons to whom the same is granted, and a record thereof 
shall be kept by said chiefs of departments and divisions, 
respectively. Each person so licensed shall, at all times while 
engaged in operating under such license, display in plain view 
upon the port bow of his boat the number of such license in 
black figures at least five inches in length and one inch in 
width, and shall have such license on his person and shall 
exhibit the same for inspection to any member of said Board 
of Shell Fisheries or any officer or employee thereof, or other 
person requesting to see the same ; provided, that this section 
shall not apply to the seaboard waters of Atlantic, Cape May 
and Ocean counties for the catching of clams on grounds set 
apart for that purpose. Any person violating the provisions 
of this section shall be guilty of a misdemeanor. 



Relative to Shell Fish Industry 15 

22. citizenship of applicant. privilege granted by 

LICENSE. 

Sec. 7. Said Board of Shell Fisheries are hereby author- 
ized to grant such license to any applicant upon presentation 
of satisfactory evidence that said applicant is a citizen of this 
state and has been a citizen and actual resident of this state 
for a period of twelve months next preceding the date of said 
application, and upon the payment of the license fee so fixed 
as aforesaid by said Board of Shell Fisheries, which license 
shall grant to the applicant the privilege of taking oysters or 
clams upon any natural oyster bed or clam ground of this 
state, except such as may be reserved for leasing purposes by 
said Board of Shell Fisheries, under this act or under any 
other existing law of this state. 

23. CERTAIN PROCESSES OF TAKING FORBIDDEN. 

Sec. 8. It shall be unlawful for any person or persons to 
use, or cause to be used, any dredge with bag or pocket, drag 
or scrape upon any of the natural oyster or clam beds under 
the tidal waters of the Atlantic seaboard of the State of New 
Jersey and tributaries thereto, except Delaware Bay, and no 
license shall be issued by the Board of Shell Fisheries contrary 
to the provisions of this section ; provided, however, that this 
shall not be held to prohibit the use of any fork, hoe or drag 
used by hand in the taking of soft clams ; and provided, fur- 
ther, that this section shall not prohibit the catching of oysters 
with hand-power dredges from the natural oyster grounds of 
this state north of Shrewsbury river; any person or persons 
violating any of the provisions of this section shall be guilty 
of a misdemeanor. 

24. WHERE HAND-TONGS TO BE USED. 

Sec. 9. It shall be unlawful for any person or persons to 
use, or cause to be used, any dredge, drag, scrape or other 
instrument, except hand-tongs, for the purpose of catching 
oysters from the following-named beds, creeks and rivers of 
the State of New Jersey, along the shore of Delaware Bay, 
viz. : Elder Point beds, Andrews ditch beds, East Point beds, 



16 Statute Law of New Jersey 

the High beds, Pepper beds, Dividing creek beds, Oronoken 
beds, Nantuxet Creek beds, Beach Creek beds, Goshen Creek, 
Dennis Creek, East Creek, West Creek, Dividing Creek, 
Oronoken Creek, Straight Creek, Fishing Creek, Oyster Creek, 
Fortescue Creek, Beaden's Creek, Sow and Pigs Creek, Dare's 
Creek, Padgett's Creek, Nantuxet Creek, Cedar Creek, Back 
Creek, Middle Marsh Creek, Stow Creek, Bidwell's ditch, 
Nantuxet beds at the mouth of Nantuxet Creek, Back Creek 
beds at the mouth of Back Creek, Cohansey beds at the mouth 
of Cohansey River, and Maurice River and Cohansey River; 
and no license shall be issued by the Board of Shell Fisheries 
contrary to the provisions of this section ; any person or per- 
sons violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor. 

25. CLOSED SEASON. 

Sec. 10. It shall be unlawful for any person or persons 
to gather, scrape, rake or tong any oysters in or upon the beds, 
rivers or creeks of the State of New Jersey named in section 
nine of this act for and during the period from the thirtieth 
day of June until the first day of September in each and every 
year; provided, this section shall not apply to the beds at the 
mouth of and in Maurice River, from which it shall be lawful 
to take oysters between sunrise and sunset at any time. 

26. WORKING ON LEASED GROUND WITHOUT PERMISSION; 

MISDEMEANOR. 

Sec. 11. Any person or persons who shall hereafter go 
upon, take or remove any oysters, clams or other material, 
dredge upon, throw, cast or drag an oyster dredge or use 
oyster tongs, rakes, forks or any other instrument or appli- 
ance used for catching oysters or clams, or shall tread for 
clams, upon any of the leased lands of the state lying under 
the tidewaters of the Atlantic seaboard, or tributaries thereof, 
above Cape May Point of the State of New Jersey other than 
land or ground for which such person then holds a lease from 
the Board of Shell Fisheries or under the employ of such 
lessee, shall be guilty of a misdemeanor. 



Relative to Shell Fish Industry 17 

27. rough cull law. 

Sec. 12. All oysters, oyster shells and other material 
dredged, tonged or in any manner raised or taken from any 
of the beds and grounds above what is known as the south- 
west line in Delaware Bay, or from any natural oyster bed or 
ground, shell bed or reef, where oysters naturally spawn and 
grow under the tidal waters of the State of New Jersey, shall 
be culled as soon as the same are emptied out of the tongs or 
dredges on the culling board or deck of the boat or vessel 
employed for the purpose , and before the same are shoveled 
back from the culling board or portion of the deck used for 
emptying the tongs or dredges; and all shells and other 
material, except oysters and clams, shall be immediately 
thrown back upon the beds or grounds from which the same 
shall have been taken ; all such oysters, oyster shells and other 
material shall be culled as aforesaid so closely that three 
bushels thereof taken from any portion of a deck load of 
oysters, after the same shall have been shoveled back from 
the culling board or that part of the deck used for emptying 
the tongs and dredges aforesaid, shall not contain more than 
fifteen per centum of shells and other material; and if any 
person or persons shall neglect or refuse to cull as aforesaid 
all such oysters, oyster shells and other material, he or they 
shall be guilty of a misdemeanor; when the master, com- 
mander, captain or person in charge of any boat, vessel or 
other craft licensed under the provisions of this or any other 
act to engage in the business of catching or taking oysters 
from the waters of this State, or any person holding a tonger's 
license, is hailed, or signaled by any officer of the Board of 
Shell Fisheries and refuses to stop and permit any officer or 
officers of said Board of Shell Fisheries to board his or their 
boat, vessel or other craft and examine the oysters, oyster 
shells and other material on such boat, vessel or other craft 
as aforesaid, the said Board of Shell Fisheries shall have 
power to revoke the license of such boat, vessel or other craft 
and revoke the license of the tonger so refusing as aforesaid. 

28. SUNDRY ACTS REPEALED. 

Sec. 13. The following acts and parts of acts are hereby 
repealed : 



18 Statute Law of New Jersey 

(1) An act entitled "An act to promote the propagation 
and cultivation of seed oysters, and to protect the natural 
oyster seed grounds of this state," approved March twenty- 
first, one thousand eight hundred and ninety-nine (P. L., p. 
160). 

(2) An act entitled "An act for the better preservation 
of the oyster industry in the creeks and rivers along the shores 
of Delaware Bay and Maurice River Cove and the tidewaters 
of the Atlantic seaboard of the State of New Jersey," approved 
March twenty-third, one thousand nine hundred (P. L., p. 
475). 

(3) An act entitled "An act for the better protection and 
preservation of the oyster industry in the creeks and rivers 
along the shores of Delaware Bay and Maurice River Cove," 
approved May eleventh, one thousand eight hundred and 
ninety-seven (P. L., p. 355), and the amendment thereof, 
approved March twenty-third, one thousand eight hundred 
and ninety-nine (P. L., p. 265). 

(4) An act entitled "An act to amend an act entitled 'A 
supplement to an act entitled "An act for the preservation of 
clams and oysters" (Revision), approved April fourteenth, 
one thousand, eight hundred and forty-six,' which said supple- 
ment was approved April eleventh, one thousand eight hun- 
dred and ninety-four" (P. L., p. 333), and the amendment 
thereof, approved March twenty-fourth, one thousand eight 
hundred and ninety-nine (P. L., p. 333). 

(5) An act entitled "An act to protect the planting and 
cultivating of oysters in the tidewaters of the county of 
Ocean," approved May eleventh, one thousand eight hundred 
and eighty-six (P. L., p. 343). 

(6) An act entitled "An act for the regulation, protec- 
tion and control of the planting, cultivating and gathering or 
taking of oysters and clams on lands covered with water in 
Shark River, in the county of Monmouth," approved March 
seventh, one thousand nine hundred and five (P. L., p. 27). 

(7) All acts and parts of acts inconsistent herewith are 
hereby repealed. 



Relative to Shell Fish Industry 19 

29. clams and oysters to be taken by daylight only. 

Supplement approved March 4, 1918, Chapter 216, P. L. p. 780. 

Sec. 1. It shall be unlawful to take or catch or to assist 
in taking or catching any clams or oysters from any of the 
lands lying under the tidal waters of this state before sunrise 
or after sunset. 

30. PENALTY. 

Supplement approved March 4, 1918, Chapter 216, P. L. p. 780. 

Sec. 2. Any person violating the provisions of this act 
shall be guilty of a misdemeanor. 

31. POWER TO LEASE CERTAIN CONDEMNED LAND. 

Amendment approved March 4, 1918, P. L. p. 995. 

Sec. 1. The Board of Shell Fisheries shall have power 
to lease to applicants therefor any of the lands of this state 
that have been or may hereafter be condemned by the State 
Department of Health in accordance with the provisions of 
Chapter 24, P. L. 1912. 

32. REMOVAL OF SHELL-FISH. BOND REQUIRED. 

* Amendment approved March 4, 1918, P. L. p. 995. 

Sec. 2. The Board of Shell Fisheries shall have power to 
make such rules and regulations (not inconsistent with the 
regulations of the State Department of Health) for the 
removal and distribution of shell fish from the said leased 
grounds as in their judgment will be in thorough accord with 
the object for which the said grounds were condemned, and 
may require the lessee to give bond in a sum not to exceed 
ten thousand dollars for the faithful observance of such rules 
and regulations. 



20 Statute Law of New Jersey 

II. BUREAU OF SHELL FISHERIES. 

Act of April 14, 1903, P. L. p. 709, amended April 30, 1907, P. L. p. 271 and April 27, 

1911, P. L. p. 591. 

33. BUREAU OF SHELL FISHERIES ESTABLISHED. POWERS. 
DUTIES. 

Sec. 1. A State Bureau of Shell Fisheries is hereby estab- 
lished. The chief of said bureau shall be appointed by the 
Governor for the term of four years, and thereafter a suc- 
cessor shall be appointed for a like period of four years when- 
ever said office shall become vacant by death, resignation or 
expiration of the current term; his salary shall be eighteen 
hundred dollars per annum, payable monthly by the Treasurer 
on the warrant of the Comptroller; the chief of such bureau 
may employ such clerical assistance as may be necessary from 
time to time ; the several oyster commissions of the state shall 
file with such bureau a statement in detail, quarterly and 
oftener if required, of the receipts and disbursements of their 
several commissions, and such commissions shall further 
report annually to the said bureau on the first day of Novem- 
ber a summary of the work of the said commissions for the 
preceding year; the director of the New Jersey College 
Experiment Station, at New Brunswick, shall annually file 
with said bureau a report of his experiments in the scientific 
investigation of oyster and clam propagation; all recom- 
mendations and reports of said commissions shall be made to 
the chief of said bureau ; the said commissions shall forthwith 
on the granting of any lease or license transmit a memoran- 
dum or copy thereof to said bureau ; a copy of all maps and 
surveys of any oyster lands heretofore or hereafter to be 
leased or surveyed by said commissions for any purpose and 
copy of all maps and surveys of any ground set apart for 
clamming grounds shall be filed forthwith with such bureau; 
the several oyster commissions, oyster superintendents shall 
also file with said bureau, when required by the chief thereof, 
or any record, papers, writings or data pertaining to their 
several offices; an office of said bureau shall permanently be 



Relative to Shell Fish Industry 21 

maintained at the State House and there shall be kept at all 
times on file therein all the reports, surveys, papers and rec- 
ords aforesaid ; it shall be the duty of the chief of said bureau 
to procure and compile statistics and information relative to 
the progress and development of the oyster and clamming 
industry in this and in other states and countries, and to 
secure and keep on file the laws of other states regulating such 
industries; the chief of said bureau shall make a report to 
the Governor annually as of November first, each year, and 
not later than December first, annually, of the general con- 
dition of the oyster and clamming industry of the state and 
the transactions of the various commissioners aforesaid 
during the preceding year, and shall transmit therewith the 
reports and recommendations of the oyster commissioners and 
the report of the director of the experiment station, together 
with such recommendations as said bureau may deem advis- 
able to make. 

34. OBSERVATION STATIONS. 

Sec. 2. The state bureau of shell fisheries acting with the 
biologist of the state agricultural experiment station is hereby 
authorized and empowered to install and maintain at various 
points within the state, adjacent to or upon the oyster or clam 
producing waters, observation stations for the taking of tem- 
peratures, testing of waters and bottoms and gathering such 
other information as may be essential to the advancement and 
progress of the shell fish industry. 

Note. — All the powers and duties of this Bureau were transferred to the Board of 
Shell Fisheries by Act of April 23, 1915, P. L. p. 73k, Sections 1 to 15 supra. 



22 Statute Law of New Jersey 

III. GENERAL ACTS RELATIVE TO CLAMS AND 

OYSTERS. 

An Act for the preservation of clams and oysters. 

Approved April 14, 1846, with its various amendments and supplements. 

35. CLOSED SEASON ON NATURAL OYSTER BEDS. (P. L. 1873, 

p. 399.) 

Sec. 1. That from and after the first day of May until 
the first day of September, yearly and every year, no person, 
under pretense of taking clams or shell fish, or under any 
other pretense whatsoever, shall rake on any oyster bed in 
this state, or gather any oysters or shells on any banks or beds 
within the same ; and in case any person shall so do, whether 
oysters be taken or not, he shall for every offense forfeit and 
pay (fifty) dollars, to be recovered, with costs, by action of 
debt, by any person who shall prosecute for the same in any 
court of record in this state having cognizance of that sum, 
one moiety thereof to the use of the prosecutor, and the other 
moiety to the county collector, for the use of the county in 
which the offense was committed ; provided, that nothing in 
this section shall be so construed as to prohibit any person or 
persons from taking oysters from beds planted out by him or 
them pursuant to this law. 

By supplement of March 18, 1852, P. I,, p. 232, the period for raking or taking 
clams and oysters in the County of Hudson is extended from May 1 to July 1 in each 
and every year. By supplement of April 1, 1869, P. L. p. 1193, the time for gathering 
oysters in Cumberland County is extended to July 1. A penalty is also prescribed for 
taking oysters on Sunday, or at night between 8 P. M. and 4 A. M. By supplement of 
March 17, 1874, P. L. p. 278, the time for raking and taking oysters in Union County 
is extended from May 1 to July 1. See, also, post, Sections 19 and 21,. 

This act is constitutional. State vs. Price, 71 N. J., L. 21,9. Cited State vs. Boiler, 
1,7 Fed. Rep. 415. 

See Sections 5 and 10 of Chapter 116, P. L. 1917, p. 250, Sections 20 and 25 supra; 
also P. L. 1900, p. 1,25, Sections 94 to 108 post, and Bradford vs. De Luca, 90 N. J. L. 4-i!,. 

36. PENALTY FOR USING DREDGES. 

Sec. 2. That in case any person residing in or without 
this state, shall at any time hereafter rake for or gather 
oysters in any of the rivers, bays, or waters of this state, 
with a dredge, or instrument so called, or shall be on board 



Relative to Shell Fish Industry 23 

of any canoe, boat or vessel employed in raking with such 
implement, such person so offending shall forfeit and pay the 
sum of fifty dollars, to be recovered in the manner and for the 
use mentioned in the next preceding section; provided, that 
this and the sixth section shall not extend, so far as regards 
persons residing in this state, to the Delaware Bay. 

37. JUSTICE OF PEACE TO ISSUE WARRANT. 

Sec. 3. That it shall be the duty of every justice of the 
peace, upon his own view or the information of any person 
on oath or animation, to issue his warrant to one or more of 
the constables in his county, commanding him or them to 
require such and so many persons as he or they deem neces- 
sary to aid and assist him or them in apprehending every 
person offending against either of the preceding sections, in 
any of the bays, rivers, or waters of this state, and forthwith 
to bring such offender, when apprehended, before the said 
justice, or any other justice of the peace of said county, to be 
proceeded against in the manner hereinbefore directed. 

Note. — See P. L. 1900, p. 425, Sections 94 to 108 post, and Bradford vs. De Luca, 90 
N. J. L. kSU. 

38. PENALTY FOR OFFERING OYSTERS FOR SALE AT CER- 

TAIN SEASONS. 

Sec. 4. That if any person shall hereafter sell, or offer 
for sale, oysters, in any part of this state, between the first 
day of May and the first day of September, such person 
shall, for every such offense, forfeit and pay five dollars, to 
be recovered and applied in manner directed in and by the 
first section of this act. 

39. GATHERING OYSTERS FOR LIME PROHIBITED. 

Sec. 5. That if any person shall at any time hereafter 
rake or gather oysters in any of the rivers, bays or waters 
of this state, for the purpose of burning or converting them 
into lime, or for the purpose of conveying them to any of the 
landings to be used in the manufacture of iron in any of the 
furnaces of this state, or shall land them on any bank or 



24 Statute Law of New Jersey 

landing for either of the purposes aforesaid, every person so 
offending shall forfeit and pay fifty dollars for each and every 
offense, to be recovered and applied in manner directed by the 
first section of this act. 

40. VESSELS NOT TO CARRY DREDGE. 

Sec. 6. That no canoe, scow, boat or vessel, employed in 
navigating any of the waters, bays or rivers of this state, shall 
have on board of the same any instrument called a dredge, for 
catching or raking oysters, or shell-fish; and the master or 
owner or owners of every such canoe, scow, boat or vessel, 
that shall have on board of the same any such instrument, 
shall forfeit the sum of fifty dollars, to be recovered in the 
manner and for the use mentioned in the first section of 
this act. 

41. UNLAWFUL FOR NON-RESIDENTS TO GATHER CLAMS, 

OYSTERS, ETC. (P. L. 1896, p. 336.) 

Sec. 7. (Repealed March 14, 1917, P. L. p. 53.) 

Note. — Prior to this repealer the Supreme Court held in Bradford vs. De Luca, 90 
N. J. L. 434, that proceedings by a common informer for violation of this section could 
not be maintained under Section 9 ( post Section 43 ) which had been superseded by act 
of March 23, 1900, P. L. p. 425 (post Sections 94 to 108). 

This section as originally enacted was Section 7 of the act of 1846. Rev. 1877, p. 136. 
It was amended March 29, 1892, P. L. 361 by adding a proviso that the act should not 
apply between April 1 and June 15, and that the act should continue in force for the 
period of one year only. By act of March 7, 1893, P. L. p. 92, the one year limitation 
was repealed. By supplement of April 21, 1S96, P. L. p. 336, Section 7 was reenacted, 
and the supplement of March 29, 1892, was repealed. This section makes no distinction 
between natural and planted oysters ; it is not a regulation of commerce with foreign 
nations or among the states ; it is for the protection of property and an internal police 
regulation ; it does not violate Constitution of United States. Haney vs. Compton, 36 
N. J. L. 507, E. & A. 1873. 

See also, Day vs. Compton, 37 N. J. L. 514 E. & A. 1874; Weller vs. Snover, 42 

A'. J. L. ..';.;.■ State vs. Corson, 67 N. J. L. I8i. 

42. ACTIONS UNDER THIS ACT, HOW COMMENCED. 

Sec. 8. That any action under the first, sixth or seventh 
sections of this act may be commenced by warrant in the court 
for trial of small causes and be proceeded in as in other cases 
when the same are commenced by warrant, any law, usage or 
custom to the contrary notwithstanding. 



Relative to Shell Fish Industry 25 

43. offenders, how proceeded against. 

Sec. 9. That it shall be the duty of all sheriffs and con- 
stables, and may be lawful for any other person or persons, 
to seize and secure any such canoe, flat, scow, boat or other 
vessel as aforesaid, and immediately thereupon give informa- 
tion thereof to two justices of the peace of the county where 
such seizure shall have been made, who are hereby empowered 
and required to meet at such time and place as they shall 
appoint for the trial thereof, and hear and determine the 
same; and in case the same shall be condemned, it shall be 
sold by the order and under the direction of the said justices, 
who, after deducting all legal costs and charges, shall pay one- 
half of the proceeds of said sale to the collector of the county 
in which such offense shail have been committed, and the other 
half to the person who shall have seized and prosecuted the 
same. 

For cases in proceedings under this section, see Haney vs. Compton, 36 N. J. L. 507, 
E. & A. 1S73, where it was held that "When the proceeding is in rem against property 
in a foreign jurisdiction, found in the possession of the owner or his agent, and in use 
for an unlawful purpose which carries a forfeiture of the same, the seizure thereof 
without judicial process first issued, preparatory to regular trial and condemnation, is 
not a deprivation of property without due process of law;" also, Day VS. Compton, 37 
N. J. L. 5U. 

In Bradford vs. De Luca and Kotolc, Justices of the Peace, 90 N. J. L. U3U, it was 
held that the Court of Two Justices of the Peace, established by this act, had been 
abolished by the act of March 23, 1900, p. 425, Sections 94 to 108 post, entitled "An act 
to provide a uniform procedure for the enforcement of all laws relating to the taking 
of natural seed oysters and clams and the protection of the natural seed oyster grounds 
of this state and for the recovery of penalties for the violation thereof." A judgment 
rendered by the defendants, two justices of the peace, condemning and ordering sold a 
two-masted schooner alleged to have been used in the violation of the Seventh Section, 
was set aside with costs. On a subsequent rule to show cause, the Supreme Court, in 
an unreported opinion, held that as the two justices were without color of jurisdiction 
they were properly required to pay costs. 

44. PENALTY FOR RESISTING OFFICERS. 

Sec. 10. That if any person or persons, on board of any 
such canoe, flat, scow, boat or other vessel aforesaid, shall 
refuse and not suffer to enter the same, or resist before or 
after entering, any of the said officers or other person or per- 
sons seizing the same, or otherwise resist them, or any of them 
in the lawful seizing of the same, then every person so offend- 
ing shall forfeit and pay the sum of thirty dollars, to be recov- 



26 Statute Law of New Jersey 

ered and applied in manner directed by the first section of 
this act. 

45. OWNERS OF MARSH MAY PLANT CLAMS, OYSTERS, ETC. 

Sec. 11. That it shall be lawful for any person or persons 
owning marsh or meadow in this state, within the boundaries 
of which there shall be creeks, ditches or ponds wherein oys- 
ters do or will grow, and where such creeks or ditches do not 
lead to any public landing, to lay or plant clams or oysters 
therein, for the use and benefit of such owners, and for the 
preservation of which to erect a fence, hang or affix gates or 
locks across said creeks or ditches, to prevent any person or 
persons from entering the same. 

46. PENALTY FOR BREAKING DOWN FENCES. 

Sec. 12. That if any person be found with any craft, boat 
or raft, above or within the aforesaid fences, gates or locks, 
without leave from the owner or occupant of any creek, ditch 
or pond, fenced, gated or locked as aforesaid, wherein clams 
or oysters may be laid or planted, or shall in any way break 
or destroy such fence, gate or lock, he, she or they so offending 
shall severally forfeit and pay, for each and every offense, the 
sum of fifty dollars, to be recovered by action of debt, with 
costs, in any court having cognizance thereof, by any person 
who shall prosecute for the same, one-half to the use of the 
owner or occupant of such creek, ditch or pond, and the other 
half to the person who shall sue for the same ; provided, that 
nothing herein contained shall be so construed or understood 
as to obstruct or prevent the free navigation of any thorough- 
fare, creek or channel leading from or out of any of the bays 
or principal waters to any other bay or principal water, or 
to any accustomed landing place in this state, anything here- 
inbefore contained to the contrary notwithstanding. 

47. OYSTERS, HOW TAKEN IN NAVESINK RIVER. 

Sec. 13. That it shall not be lawful for any person or 
persons to rake or take with tongs, or otherwise gather or 
carry away, any oysters, other than by wading in and picking 



Relative to Shell Fish Industry 27 

up by hand the same, within the following bounds in the river, 
commonly called or known by the name of the North or 
Navesink River, lying within the county of Monmouth, and 
dividing the township of Shrewsbury from the township of 
Middletown, above a direct line from the storehouse of Eseck 
White, on the Shrewsbury side of the river, to the dwelling 
house of Thomas Layton on the Middletown side of the river 
aforesaid; and in case any person or persons shall be found 
offending against this prohibition, he, she or they so offending 
shall forfeit and pay for every such offense the sum of ten 
dollars, to be recovered in an action of debt, with costs, before 
any justice of the peace in the county of Monmouth, by any 
person who shall sue for the same, the one-half to the use of 
the prosecutor, and the other half to be paid to the county col- 
lector, to and for the use of the county. 

Supplement of March 16, 1870, P. L. 591, provides that it shall not be lawful for any 
person to erect stakes or any other artificial means for the purpose of using weirs or 
like-nets for the taking of fish upon the bottom of North Shrewsbury River, where oysters 
are planted, without permission of the persons occupying the same. 

48. OWNERS OF FLATS BETWEEN GREAT AND LITTLE EGG 
HARBOR RIVERS MAY PLANT OYSTERS. 

Sec. 14. That it shall and may be lawful for any person 
or persons owning flats or coves along the shores of the tide- 
waters in the county of Atlantic, between the Great Egg 
Harbor and Little Egg Harbor Rivers, inclusive of the shores 
of so much of the said rivers as lie within the said county of 
Atlantic, to mark out by fixing stakes across or around the 
same, at the distance of two rods from each other, and of 
such length as to be at least two feet above the ordinary 
high water, and plant or lay clams, oysters or other shell-fish 
within or above the same; provided, said stakes shall not 
include any natural oyster beds always covered with water 
beyond low-water mark; and provided also, it shall not be 
lawful to stake out beyond the ordinary low-water mark, nor 
injure any navigation publicly used. 

This section does not authorize the owner of flats to stake off oyster beds beyond low 
water mark, Townsend VS. Brown, 24 N. J. L. SO. See Infra sec. 25. 
Cited McCarter VS. Oyster Company, 78 N. J. L. 394. 



28 Statute Law of New Jersey 

49. penalty for taking oysters without permission. 

Sec. 15. That if any person or persons shall gather or 
take away any oysters or clams, above or within the line of 
stakes aforesaid, without permission first had or obtained 
from the owner or owners, occupant or occupants, of the flats 
or coves so staked in, he, she or they so offending shall forfeit 
and pay for each offense the sum of twenty dollars, to be 
recovered and applied in manner directed by the twelfth sec- 
tion of this act, and shall moreover be liable to an action at 
the suit of the owner or owners, occupant or occupants, for 
his, her or their damages. 

50. OWNERS OF MEADOW LANDS MAY PLANT OYSTERS. (P. 

L. 1890, p. 473.) 

Sec. 16. That it shall and may be lawful for the owner 
or owners, or any person or persons having a license in writ- 
ing from the owner or owners of meadow or other lands, 
which are opposite or contiguous to flats which are at any 
time bare, or coves, upon or within which flats or coves there 
have not been heretofore any natural oyster beds along the 
shores of the tide-waters of this state, to plant and lay clams, 
oysters or other shell-fish upon, within or above such flats 
and coves, and one chain beyond the same; provided, the 
clams and oysters thus planted shall be inclosed and desig- 
nated by stakes placed beyond them within the prescribed 
limits, not less than six rods apart, and of such length as to 
be at least two feet above ordinary high water ; and provided 
also, that this section shall not be so construed as to take away 
or in anywise impair the common right of citizens to any 
natural oyster beds which may be embraced by the boundary 
herein specified. 

51. PENALTY FOR TAKING OYSTERS WITHIN CERTAIN LIM- 

ITS WITHOUT PERMISSION. 

Sec. 17. That any person or persons who shall gather or 
take away any oysters or clams upon, above or within the 
limits aforesaid, without permission first had and obtained 



Relative to Shell Fish Industry 29 

from such owner or owners, person or persons occupying 
under such owner or owners as aforesaid, shall be liable to 
the same forfeitures and the like suits for damages, to be 
recovered and sued for in manner as is directed and provided 
in the fifteenth section of this act; provided, that nothing 
in this act shall prevent the legislature from the repeal or 
modification of this and the last foregoing section, «t their 
pleasure. 

52. SETTING UP STAKES MAY BE OMITTED IN CERTAIN 

CASES. 

Sec. 18. That in coves and places where notorious and 
plain ranges or landmarks can be erected and established on 
contiguous shores, whereby the boundaries of planted beds 
of oysters may be clearly known and distinguished without 
danger of mistake, and where in such coves or places such 
notorious or plain ranges or marks on contiguous meadows 
or shores shall have been erected and established by stakes 
or other plain monuments, so that they may be plainly known 
and distinguished without danger of mistake, and due notice 
thereof being given, that then, and in such cases, the pro- 
visions of the two last-foregoing sections in regard to the 
planting and setting up of stakes may be dispensed with in 
respect to such places as above described. 

53. TIME FOR TAKING OYSTERS IN CERTAIN COUNTIES. 

Sec. 19. That the time within which the taking and 
vending of oysters is prohibited by the first and fourth 
sections of this act, is hereby extended to the first day of 
October, yearly and every year, in the counties of Burlington, 
Monmouth and Atlantic only, under the same penalties and 
regulations as are therein contained; provided, that planted 
oysters may be taken up at any time by the person owning 
the same. 

By an act entitled "An act to authorize the planting of oysters on lands covered 
by water in Shark River, in the County of Monmouth, and for the protection of the 
same," approved March 14, 1861, P. L. p. U36, the Board of Chosen Freeholders are 
authorized to occupy a part of said river designated in the act, to appoint commissioners 
to stake off that part of the river in sub-divisions and lease the same for terms not less 



30 Statute Law of New Jersey 

than one nor more than five years. It further gives the lessees the sole right to plant 
and gather oysters within the aforesaid boundaries, and prescribes penalty for trespassing. 
By a supplement approved March 17, 1870, P. L. p. 692, the boundary lines of the part 
the Freeholders were authorized to occupy were enlarged, and the commissioners were 
authorized to extend the term of leases from five to ten years. By supplement of March 
22, 1900, P. L. p. 173, the commissioners were authorized to further extend the terms 
of leases. 

Act P. L. 1861, p. A36, and supplements thereto, are superseded by the act of March 
7, 1905, P. L. p. 27, hereinafter set out. 

See also, Sections 5 and 10 of Chapter 116, P. L. 1917, p. 250, Sections 20 and 25 
supra. 

54. OLD SHELLS NOT TO BE REMOVED FROM NATURAL BEDS. 

Sec. 20. That no person or persons, under any pretense 
of taking oysters, or under any other pretense whatever, shall 
take, remove or carry off from any natural oyster banks or 
beds, in this state, any old shells, other than such as cannot 
be removed or separated from the oysters without injuring 
the same; and all such shells shall be culled and separated 
from the oysters and thrown back again upon the said nat- 
ural banks or beds; and in case any person or persons shall 
so take, remove or carry off from said natural banks or beds, 
whether oysters be taken or not, without first so separating 
the old shells from the oysters, he or they shall for every 
offense forfeit and pay ten dollars, to be recovered, with costs, 
by action of debt, by any person who shall prosecute for the 
same, in any court of record in this state having cognizance 
of that sum, one-half thereof to the use of the prosecutor and 
the other to the overseer of the poor for the use of the poor 
of the township in which the offense was committed, and the 
canoe, flat, scow, boat and other vessel, used and employed in 
the commission of the offense in this section mentioned, shall 
be liable to seizure, and be applied to the payment of such 
penalty ; provided, however, that nothing in this act contained 
shall be so construed as to prohibit any person or persons 
from taking, removing or carrying any shells from beds 
planted out by him or them pursuant to law. 

By supplement of February 27, 1877, P. L. p. 29, this section was repealed so far 
as it applies to the natural banks and beds in Delaware Bay and Maurice River Cove. 

Cited, McCarter vs. Oyster Company, 7S N. J. L. 39J,. 

See Section 12, P. L. 1917, p. 250, Section 27 supra; also P. L. 1900, p. U25, Sections 
94 to 108 post and Bradford vs. De Luca, 90 N. J. L. 434. 



Relative to Shell Fish Industry 31 

55. penalty for selling clams under size taken in 

atlantic county. 

Sec. 21. That it shall not be lawful for any person or 
persons to sell, or offer for sale, by the bushel or otherwise, 
any small clams which may have been taken in the waters of 
the county of Atlantic, unless the said clams shall be of such 
a size that a bushel will not contain more than four hundred ; 
and if any person or persons shall so sell, or offer for sale, 
any such clams, four hundred of which will not make a bushel, 
such person or persons shall, for every such offense, forfeit 
and pay ten dollars, to be recovered, with costs, by action of 
debt, by any person who shall prosecute for the same, in any 
court of record in this state having cognizance of that sum, 
one-half to the overseer of the poor, for the use of the poor of 
the township in which the offense shall have been committed 
and the other half to the person who shall sue for the same. 

By a supplement to the supplement of March 26, 1862, approved April 4, 1873, P. L. 
p. 681, the Board of Freeholders of Ocean County were authorized to appoint a commis- 
sioner to enforce the act in said County and regulate his compensation. The act to 
which this purports to be a supplement was repealed April 1, 1869, P. L. p. 1100. 

56. NON-RESIDENTS NOT TO GATHER OYSTERS. (P. L. 1851, 

p. 439.) 

Sec. 22. That it shall not be lawful for any person who 
is not at the time an inhabitant and resident of this state, and 
who shall not have been for six months next preceding an 
inhabitant and resident as aforesaid, to take, rake or gather 
oysters, clams, or shell-fish, in any of the rivers, bays or 
waters of this state ; and every person offending herein shall 
be deemed guilty of a misdemeanor, and, upon conviction, 
shall be punished by fine or imprisonment, or both, in the 
discretion of the court before which the conviction shall be 
had; provided, such imprisonment shall not exceed, in any 
case, the term of six months, nor the fine exceed the sum of 
one hundred and fifty dollars. 

57. ADDITIONAL PENALTY FOR VIOLATING SECTION 12. 

Sec. 23. That every person offending against the pro- 



32 Statute Law of New Jersey 

visions of the twelfth section of the act to which this is a 
supplement, shall, in addition to the penalty therein men- 
tioned, be deemed guilty of a misdemeanor, and, upon convic- 
tion, shall be punished by fine or imprisonment, or both, in 
the discretion of the court before which the conviction shall 
be had ; provided, such imprisonment shall not exceed, in any 
case, the term of six months, nor the fine exceed the sum of 
one hundred dollars. 

Note. — For Section above mentioned, see Section 46 supra. 

58. TIME FOR TAKING AND VENDING OYSTERS EXTENDED 

IN CAPE MAY COUNTY. (P. L. 1853, p. 139.) 

Sec. 24. That the time within which the taking and vend- 
ing oysters is prohibited by the first and fourth sections of 
the act to which this is a supplement, is and that the same 
be extended to the first day of October, yearly and every year, 
in the county of Cape May, under the same penalties and 
regulations as are therein contained; provided, that nothing 
contained in this act shall prevent the owners of planted oys- 
ters from, at any time, taking up and vending the same. 

Cited State vs. Boiler, 47 Fed. Rep. U15. 

59. OWNERS OF MARSH AND MEADOW LANDS MAY LAY AND 

PLANT OYSTERS. (P. L. 1855, p. 216.) 

Sec. 25. That it shall be lawful for any person or persons 
owning marsh or meadow lands in this state, within the 
boundaries of which there shall be creeks, ditches or ponds 
wherein clams and oysters do or will grow, to lay or plant 
clams and oysters therein, for the use and benefit of such 
owners, and for the preservation of which he is to properly 
stake off such clam and oyster ground as not to interfere with 
the passing and repassing of vessels, but sufficient to designate 
where the same is planted. 

Fishing for oysters in the navigable waters of the state is a right common to all its 
citizens, unless restrained by a positive law of the legislature. Arnold vs. Mundy, 6 N. 
J. L. 1; Martin vs. Waddell, 18 N. J. L. 496: Gough vs. Bell, 21 N. J. L. 156; Id. „V 
N. J. L. 441; Id. 23 N. J. L. 624; Wooley vs. Campbell, 37 N. J. L. 163. See Associates, 
etc., vs. Jersey City, 8 N. J. E. 715; Stevens vs. Railroad Co., 20 N. J. Eg. 135; Shepard 
vs. Leverson, 2 N. J. L. 369; Yard vs. Carman, 3 N. J. L. 943. The right of navigation 
is superior to that of fishing, Post vs. Munn, 4 N. J. L. 61. The Legislature may grant 
the right to plant oysters in the bed of navigable streams to one citizen to the exclusion 



Relative to Shell Fish Industry 33 

of others. Paul VS. Hazleton; 37 N. J. L. 106; Wooley vs. Campbell, 37 N. J. L. 163; 
Canal Co. vs. Railroad Co., 16 N. J. E. 366; Bennett vs. Boggs. Baldw. 60, Fed. Cas. 
No. 1319. See Howell vs. Robb, 7 N. J. E. 17; Stevens vs. Paterson Railroad Co., 3k 
N. J. L. 532. Several lessees may use jointly lands which have been granted to them 
severally, and may join in an action for taking their oysters therefrom. Wooley VS. 
Campbell, 37 N. J. L. 163. A meadow owner cannot acquire the exclusive right to the 
possession of the bed of creek or water course running through his lands, unless he 
plants, or intends forthwith to plant oysters or clams therein ; his merely staking off 
such place will confer no right. Birdsall VS. Rose, 46 N. J. L. 361. The owner has the 
same absolute property in oysters that he has in inanimate things or domestic animals, 
and the rule that applies to animals ferae naturae does not apply to them. State vs. 
Taylor, 27 N. J. L. 117 (1858). An indictment will lie for stealing oysters planted in 
the public or navigable waters of this state, if they are planted in a place where oysters 
do not grow naturally, and the spot is so designated by stakes or otherwise, that the 
oysters can be readily distinguished from others in the same waters. Id. Oysters planted 
in public waters will not be considered as abandoned to the public, unless planted in a 
place where oysters grow naturally. Id. Planting oysters in public waters is not such 
a special appropriation of those waters as justifiies the removal of the oysters as a 
nuisance, unless they interfere with the rights of the public, such as the rights of navi- 
gation and fishing ; and even if they do so interfere with public rights, a private person 
has no right to take them away, and convert them to his own use. Id. 

See, also, Metzger vs. Post, 44 N. J. L. 74 and Grace vs. Willetts, 50 N. J. L. 414, E. 
& A. 1888. In this case plaintiffs deposited in Maurice River Cove, in 1884, a boat load 
of oyster shells. To these the germs of oysters floating in these waters attached them- 
selves, and in about two years developed into marketable oysters. Held, that these oysters 
belonged to the plaintiffs and that they could maintain an action against the defendants 
for the removal and conversion of them. 

The state may grant the exclusive use of its land under water, but until such grant 
is made, the right to enter and fish upon it may be exercised by all the citizens of the 
State. Polhamus VS. Bateman, 60 N. J. L. 163. 

60. PENALTY FOR VIOLATION OF PROVISIONS OF ACT. 

Sec. 26. That any person or persons violating the provi- 
sions of this act shall be subject to all the fines and penalties 
contained in the act to which this is a further supplement. 

A further supplement to this act, P. L. 1866, p. 484, authorizes persons owning 
marsh or meadow lands bounding on Cedar Creek, Fairfield Township, Cumberland 
County, to lay or plant oysters, also, to stake off such clam or oyster grounds. 

61. OYSTERS NOT TO BE TAKEN FROM NATURAL BEDS IN 

CERTAIN COUNTIES EXCEPT BY DAYLIGHT. (P. L. 
1864, p. 631.) 

Sec. 27. That it shall not be lawful for any person or 
persons to take any oysters out of the natural beds of the 
counties of Burlington, Atlantic and Ocean, between the first 
day of May and sunrise of the first day of October yearly, only 
by daylight, under the penalty of twenty-five dollars for each 
and every offense. 

Note. — See Section 29 supra. 



34 Statute Law of New Jersey 

62. OWNERS OF FLATS AND COVES ALONG TIDE-WATERS IN 

BURLINGTON COUNTY MAY PLANT OYSTERS. (P. L. 

1871, p. 493.) 

Sec. 28. That it shall and may be lawful for any person 
or persons owning flats or coves along the shores of the tide- 
waters in the county of Burlington, between the lines separat- 
ing Burlington from Ocean and Atlantic counties, to mark out, 
by fixing stakes across or around the same, at the distance of 
two rods from each other, and of such length as to be at least 
two feet above the ordinary highwater, and plant or lay oys- 
ters or other shell-fish within or above the same; provided, 
said stakes shall not include any natural oyster beds always 
covered with water beyond low-water mark; and provided 
also, it shall not be lawful to stake out beyond the ordinary 
low-water mark nor injure any navigation publicly used. 

63. PENALTY FOR TAKING OYSTERS OR CLAMS SO PLANTED 

WITHOUT PERMISSION. 

Sec. 29. That if any person or person shall gather or 
take away any oysters or clams, above or within the line of 
stakes aforesaid, without permission first had or obtained 
from the owner or owners, occupant or occupants of the flats 
or coves so staked in, he, she or they so offending shall forfeit 
and pay for each offense the sum of twenty dollars, to be 
recovered and applied in manner directed by the twelfth sec- 
tion of the act to which this act is a further supplement, and 
shall moreover be liable to an action at the suit of the owner 
or owners, occupant or occupants, for his, her or their damages. 

64. CONSTRUCTION OF THE WORDS "DREDGE OR INSTRU- 

MENT SO CALLED." (P. L. 1873, p. 44.) 

Sec. 30. That the words "dredge or instrument so called," 
in sections two and six of the act to which this act is a further 
supplement, shall be and is hereby taken, deemed and intended 
to mean and apply to any rake or other instrument designed 
and intended to be used or which shall be used and dragged 
by any canoe, boat or vessel in any of the rivers, bays or 
waters of Burlington county, in this state, as a dredge, and 



Relative to Shell Fish Industry 35 

for the uses and purposes of a dredge, whether called by that 
name or otherwise. 

65. PENALTY FOR USING RAKE OR OTHER INSTRUMENTS IN 

WATERS OF BURLINGTON COUNTY. 

Sec. 31. That all the penalties in sections two and six of 
the act to which this act is a further supplement shall and 
hereby do apply to all such person or persons using such rake 
or rakes, or other instruments, or canoe, boat or vessel having 
on board such rake or other instrument to be employed and 
used in raking and dredging or which shall be found employed 
and using such rake or other instrument in like manner as 
dredges are used, and for the same purposes for which dredges 
are used, in any of the rivers, bays or waters of the county of 
Burlington, in this state, whether such rake or other instru- 
ment be called by the name of dredge or otherwise. 

66. NO BOAT TO BE USED FOR GATHERING CLAMS, ETC., 

UNLESS OWNER RESIDENT OF STATE. MORTGAGE TO 
NON-RESIDENT UNLAWFUL. (P. L. 1892, p. 360.) 

Sec. 32. That it shall not be lawful for any canoe, flat, 
scow, boat or other vessel to be used or employed in any of 
the rivers, bays or waters of this state to rake or gather clams, 
oysters or shell-fish, unless the same shall be owned by citizens 
and actual residents of this state, and who have been for 
twelve months next preceding actual citizens and residents as 
aforesaid; and it shall not be lawful for any non-resident to 
hold a lien or mortgage on any canoe, flat, scow, boat or any 
other vessel engaged in the oyster business of this state as 
aforesaid; nor shall any such canoe, flat, scow, boat or any 
other vessel be commanded by any person who is not a citizen 
and actual resident of this state for twelve months next pre- 
ceding; and any canoe, flat, scow, boat or other vessel not 
so owned and commanded, used and employed as aforesaid, 
with all the clams, oysters, clam-rakes, tongs, tackle, furniture 
and apparel shall be forfeited, and the same seized, secured 
and disposed of in the manner prescribed in the ninth and 
tenth sections of the act to which this is a supplement; 



36 Statute Law of New Jersey 

provided, that this act shall not apply to or effect vessels or 
boats already having license in this state under existing laws. 

Note. — This section was embodied in an act entitled "A supplement to an act entitled 
'An act for the preservation of clams and oysters' (Rev.), approved April 14, 1846," 
which supplement was approved March 29, 1892, and appears in P. L. 1892, p. 360. On 
p. 361 there is another act of the same title and approved on the same day, which amends 
the seventh section, and provides that such amendment shall continue in force for the 
period of one year from the date of the approval of said act. 

Chapter 196 of the laws of 1896, P. L. p. 336, is entitled "A supplement to an act 
entitled 'An act for the preservation of clams and oysters' (Rev.), approved April 14, 
1846." This supplement was approved April 21, 1896. The first section of this supple- 
ment re-enacts the seventh section as it appears in the revision of 1877. The second 
section of this supplement reads as follows : 

"2. The supplement approved March 29, 1892, being the supplement to the 'act for 
the preservation of clams and oysters' approved April 14, 1846, shall be and the same 
is hereby repealed, and all other acts and parts of acts inconsistent herewith be and the 
same are hereby repealed." The language above quoted from Sec. 2 is descriptive of 
the act, P. L. 1892, p. 360 and P. L. 1892, p. 361. 

In view of the uncertainty, Section 32, being the act on p. 360, is included herein. 

As to procedure, see P. L. 1900, p. 425, Sections 94 to 108 post, and Bradford vs. 
De Luca, 90 N. J. L. 434. 

67. SPECIAL OFFICERS, HOW APPOINTED. EMPOWERED TO 

ARREST VIOLATORS OF ACT. (P. L. 1893, p. 111.) 

Sec. 33. That in order to better carry out and enforce 
the provisions of the act to which this act is a supplement, 
and the acts supplementary thereto, it shall be lawful for the 
directors of any association of oystermen duly incorporated 
under the laws of this state to appoint special officers, not 
exceeding three in number, who shall be citizens of this state, 
and who shall be and hereby are empowered at all times while 
holding the office or position of such special officer, upon their 
own view, to arrest any person or persons who may be found 
violating or infringing any of the provisions of the act to 
which this act is a supplement or of any of the acts supple- 
mentary thereto, and to bring him or them before a magistrate 
for examination. 

68. HOW SPECIAL OFFICERS ARE PAID. 

Sec. 34. That such special officers shall be paid for their 
services under this act by the association appointing them and 
not otherwise. 



Relative to Shell Fish Industry 37 

69. when and where unlawful to dredge. offend- 

ERS GUILTY OF MISDEMEANOR. PENALTY. (P. L. 1893, 
p. 340.) 

Sec. 35. That from and after the passage of this act it 
shall be unlawful to dredge for oysters in any of the creeks 
on the east side of Delaware river, of Delaware bay and 
Maurice River Cove south of Cohansey Creek at any time, and 
in Cohansey Creek and in all creeks north of said Cohansey 
Creek, in Delaware river and Delaware bay it shall be unlaw- 
ful to dredge for oysters except during the time from the first 
day of April to the fifteenth day of June, both days inclusive, 
and any person offending against the provisions of this act 
shall be deemed guilty of a misdemeanor and on conviction 
thereof shall be punished by a fine not exceeding two hundred 
dollars or by imprisonment at hard labor for a period not 
exceeding one year, or both, at the discretion of the court, and 
any boat or vessel employed in the commission of any offense 
against the provisions of this act, with all her tackle, apparel 
and furniture shall be forfeited and the same seized, secured 
and disposed of in the manner prescribed in the eighth, ninth 
and tenth sections of the act entitled "An act for the preser- 
vation of clams and oysters," approved April fourteenth, one 
thousand eight hundred and forty-six. 

Inconsistent acts repealed. 

See Sections 5 and 10, Chapter 116, P. L. 1917 p. 350, Sections 20 and 25 supra. 

70. MISDEMEANOR TO TAKE OYSTERS FROM STAKED-UP BED 

WITHOUT PERMISSION. PENALTY. (P. L. 1895, p. 319.) 

Sec. 36. That any person who shall hereafter dredge 
upon, or shall throw or cast his oyster dredge or any other 
instrument used for the purpose of catching oysters upon any 
oyster bed duly staked up within or under any of the waters 
of this State, belonging to or in the possession of any other 
person or persons, without the permission of the owner or 
holder of such oyster bed, shall be deemed guilty of a mis- 
demeanor, and upon conviction shall be punished by a fine not 
exceeding five hundred dollars, or by imprisonment for any 
term not exceeding two years, or both ; and any boat or vessel 



38 Statute Law of New Jersey 

used or employed in the commission of such offense, with all 
her furniture, tackle and apparel, and all oysters on board 
thereof, shall be forfeited, and the same seized, secured and 
sold in the manner prescribed in the act entitled "An act for 
the preservation of clams and oysters," approved April four- 
teenth, one thousand eight hundred and forty-six, and the 
supplements thereto, and the proceeds of such sale, after 
deducting all expenses, shall be paid to the collector of the 
oyster fund of the Maurice River Cove and Delaware Bay 
Oyster Association. 

71. MISDEMEANOR TO TAKE PLANTED OYSTERS WITHOUT 

PERMISSION. PENALTY. (P. L. 1895, p. 319.) 

Sec. 37. That any person who shall hereafter dredge for, 
or shall catch or take, or attempt to catch or take, any oysters 
planted in or under any of the waters of this state, the location 
of which planted oysters is indicated by stakes or buoys, 
without the permission of the owner of such planted oysters, 
shall be deemed guilty of a misdemeanor, and upon conviction 
shall be punished by a fine not exceeding five hundred dollars, 
or by imprisonment for any term not exceeding two years, 
or both; and any boat or vessel used or employed in the 
commission of such offense, with all her furniture, tackle and 
apparel, and all oysters on board thereof, shall be forfeited, 
and the same seized, secured and sold in the manner pre- 
scribed in the act entitled "An act for the preservation of 
clams and oysters," approved April fourteenth, one thousand 
eight hundred and forty-six, and the supplements thereto, and 
the proceeds of such sale, after deducting all expenses, shall 
be paid to the collector of the oyster fund of the Maurice River 
Cove and the Delaware Bay Oyster Association. 

72. NO EXCLUSIVE RIGHT TO NATURAL OYSTER BEDS, 

GRANTED. (P. L. 1895, p. 320.) 

Sec. 38. That nothing in this act contained shall give to 
any person or persons the right or privilege, nor shall it con- 
firm any supposed right or privilege, to stake up, take, have, 
hold, use, occupy, possess or enjoy any exclusive right in or 
to any natural oyster-bed or ground. 

Inconsistent acts repealed. 



Relative to Shell Fish Industry 39 

73. taking of hard mud clams regulated. soft shell 

CLAMS. PENALTY. (P. L. 1899, p. 322, as amended by P. 
L. 1900, p. 422.) 

Sec. 39. From and after the passage of this act it shall 
be unlawful for any person or persons to take from the nat- 
ural beds beneath the waters of this state, by means of boats, 
tongs, dredges, rakes or otherwise, or to have in their pos- 
session, or to buy or sell, or to offer to buy or sell, any clams 
commonly called hard mud clams, the shells of which will 
measure less than one inch in width or thickness across the 
back or hinge ; except said clams be taken beneath the waters 
of Atlantic county, in which case they shall not measure less 
than one and one-quarter inches in length; or to buy or sell, 
or to offer to buy or sell, any clams commonly called hard sand 
clams, the shells of which will measure less than one inch in 
width or thickness across the back or hinge, except said clams 
be taken beneath the waters of Atlantic county, in which case 
they shall not measure less than one and one-quarter inches 
in length ; or to buy or sell, or offer to buy or sell, any clams 
commonly called soft-shell clams, the shells of which will 
measure less than two inches in length; and every person so 
offending shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine of not less than 
twenty-five dollars nor more than one hundred dollars, at the 
discretion of the justice of the peace before whom the case is 
brought, and in default of payment of the fine, the justice 
shall commit him to the county jail for a period of not less 
than ten days nor more than thirty days; one moiety of said 
fine (after deducting therefrom the fees of the justice and of 
the officer making the arrest, which fees shall be the same as 
are allowed for issuing and serving warrants and holding exam- 
ination or hearing in other causes), to be paid by said justice 
imposing and collecting the fine to the overseer of the poor, 
for the use of the poor of the township in which the offense 
shall have been committed, and the other half or moiety to 
be paid to the warden, constable or person who made the 
complaint. 

Cited State vs. Price, 71 N. J. L. H9. 



40 Statute Law of New Jersey 

74. WARRANT FOR APPREHENSION OF VIOLATORS. (P. L. 

1899, p. 323, as amended by P. L. 1903, p. 236.) 

Sec. 40. Upon complaint under oath, made to him, any 
justice of the peace of the county wherein the offense was 
committed may and shall issue his warrant for the arrest and 
apprehension of any person violating the provisions of the 
first section of this act; and it shall be the duty of the several 
oyster commissioners or any constable to, and any other per- 
son may, make complaint and bring action before any justice 
of the peace of the county against any person or persons so 
violating the provisions of this act; which warrants shall be 
served by either such oyster commissioner or constable. 

75. VESSELS MECHANICALLY PROPELLED PROHIBITED FROM 

TAKING OYSTERS. (P. L. 1904, p. 333.) 

Sec. 41. It shall be unlawful for any boat or other vessel 
propelled wholly or in part by steam, naphtha, electricity, or 
any other mechanical motive power, to engage in the catching 
or taking of oysters from any of the natural beds, under the 
tidal waters of this state, and no license shall be issued by 
any oyster commission, shell commission, or other authority, 
to any boat or vessel so propelled, authorizing such boat or 
vessel to engage in the catching or taking of oysters from any 
of said natural beds; any person using a boat so propelled 
in such business, shall be guilty of a misdemeanor, and any 
boat or other vessel propelled wholly or in part by any such 
mechanical motive power, and so engaged, shall be forfeited 
together with all the tongs, dredges, tackle, furniture and 
appurtenances thereto belonging, and shall be seized, secured 
and disposed of in the manner prescribed in the act to which 
this is a supplement. 

76. CAPE MAY COUNTY CLAM LINE ESTABLISHED. (P. L. 

1905, p. 459.) 

Sec. 42. From and after the passage of this act it shall 
be unlawful for any person or persons, company or corpora- 
tion, at any time whatsoever, to use, cast, drag or haul any 



Relative to Shell Fish Industry 41 

dredge, patent rake or other similar device, which shall be 
towed, dragged or hauled by or behind any boat, vessel or 
craft propelled by sail, steam or other power, or to catch 
therewith any clams, oysters or shells in the waters of the 
Delaware Bay, southwesterly of a line running northwest from 
the mouth of Green Creek, Cape May county, to the intersec- 
tion of such line with a line direct from the mouth of Dennis 
Creek to Brandywine lighthouse ; provided, however, that this 
prohibition shall not apply to any territory which was under 
lease from the state oyster commission of the state of New 
Jersey on the first day of February, one thousand nine hun- 
dred and five ; and any person offending against the provisions 
of this act shall be deemed guilty of a misdemeanor, and, on 
conviction thereof, shall be punished by a fine not exceeding 
one hundred dollars, or by imprisonment at hard labor for 
any term not exceeding six months, or both, at the discretion 
of the court ; and any boat or vessel employed in the commis- 
sion of any offense against the provisions of this act shall, 
with all her tackle, apparel and furniture, be forfeited; and 
the same may be seized, secured, condemned and disposed of 
in the manner prescribed in the ninth and tenth sections of 
the act to which this is a supplement. 

Inconsistent acts repealed. 

Note. — The title of this act of May 11, 1905, P. L. 459, is as follows: "A supple- 
ment to an act entitled 'An act for the preservation of clams and oysters,' approved 
April fourteenth, one thousand eight hundred and forty-one." 

The act mentioned in the title was approved April 14, 1846, not April 14, 1841. 

As to penalty, see P. L. 1900 p. 425, Sections 94 to 108 post, and Bradford VS. 
De Luca, 90 N. J. L. US i. 

11. INSPECTION OF CLAM AND OYSTER BEDS. RECORD OF 
INSPECTION. (P. L. 1910, p. 147.) 

Sec. 43. It shall be the duty of the Board of Health of 
the State of New Jersey annually, or oftener if said board 
shall deem it necessary, to inspect, or cause to be inspected, 
the various oyster and clam beds and other places within the 
State of New Jersey from which oysters or clams are taken 
to be marketed and sold for consumption as food, for the 
purpose of ascertaining the sanitary conditions of such oyster 



42 Statute Law of New Jersey 

and clam beds and other places, and the fitness of the oysters 
and clams in such places, or which are taken therefrom, for 
use as articles of food. The said Board of Health of the 
State of New Jersey shall keep, or cause to be kept, an official 
record of each inspection so made, and shall, as soon as pos- 
sible thereafter, issue certificates, setting forth the result of 
such inspection, to the owners, lessees or proprietors of such 
oyster or clam beds, or other places. 

78. PENALTY FOR TAKING SHELL-FISH FROM BED CON- 

DEMNED BY BOARD OF HEALTH. 

Sec. 44. Any person who shall gather with intent to sell 
for food any oysters or clams from oyster beds or clam beds 
or any other place within the jurisdiction or forming a part 
of the State of New Jersey, which have been condemned by 
said board, in accordance with section one of this act, shall 
be liable to a penalty of one hundred dollars, to be recovered 
in an action of debt by and in the name of the Board of Health 
of the State of New Jersey. 

Note. — See Chapter 24, P. L. 1912, p. hh, Sections 118 to 129 post, and Chapter 263, 
P. L. 191S p. 995, Sections 31 and 32 supra. 

79. USE OF POWER BOAT IN TAKING CLAMS PROHIBITED. (P. 

L. 1912, p. 42.) 

Sec. 45. It shall be unlawful to use or employ any boat 
or other vessel propelled wholly or in part by steam, gasoline, 
electricity or any other mechanical motive power, or any 
motor driven apparatus, for the purpose of catching or taking 
of clams from any of the waters of this state, whereby the 
soil or bottom of which the said clams are found is agitated 
or disturbed by the propeller wheel or wheels of said boats or 
other motor driven apparatus for the purpose of catching or 
taking of clams as aforesaid. 

80. PENALTY. CONFISCATION OF BOAT, ETC. (P. L. 1912, p. 42.) 
Sec. 46. Any person being in charge of such boat or 

apparatus so propelled and used, or so propelled or so used 
for such purpose, shall be guilty of a misdemeanor, and 
any boat or other vessel propelled wholly or in part by 



Eelative to Shell Fish Industry 43 

such mechanical motive power or such other motor driven 
apparatus so engaged or used, shall be forfeited together with 
all tongs, dredges, tackle, furniture and appurtenances there- 
unto belonging, and shall be seized, secured and disposed of 
in the manner prescribed in the act, to which this is a sup- 
plement. 

Note. — As to procedure, see Act of March 23, 1900, P. L. p. 425, Sections 94 to 108 
post, and Bradford VS. De Luca, 90 N. J. L. 434- 



IV. MISCELLANEOUS GENERAL ACTS. 

An Act for the better enforcement in any river or bay 
of an act entitled "An act for the preservation of 
clams and oysters," approved april fourteenth, one 
thousand eight hundred and forty-six, and supple- 
ments thereto. 

Approved April 27, 1886. 

81. UNLAWFUL FOR NON-RESIDENTS TO PLANT SEED OR 
GROW OYSTERS. (P. L. 1886, p. 300.) 

Sec. 1. That it shall be unlawful for any person or per- 
sons not residents of this state, and who shall not have been 
residents for six months next preceding, to plant seed or grow 
oysters in the waters of any river or bay; and any oysters, 
oyster shells, or other materials for seeding or growing oysters 
so planted shall become public property, or may be caught or 
taken up by any citizen of this state ; and any person or per- 
sons violating the provisions of this act shall be deemed guilty 
of a misdemeanor, and on conviction thereof shall be subject 
to a fine not exceeding five hundred dollars, or imprisonment 
not exceeding one year, or fine and imprisonment, at the dis- 
cretion of the court. 

Note. — Superseded by Section 1 of Chapter 116, P. L. 1917, p. 250, as amended by 
Chapter 217, P. L. 191S p. 781, Section 16, supra. 



44 Statute Law of New Jersey 

An Act to protect the planting and cultivating of oys- 
ters IN THE TIDE-WATERS OF THIS STATE. 

Approved May 17, 1894. 

82. PERSONS OCCUPYING CERTAIN GROUNDS SHALL BE CON- 

FIRMED IN THEIR HOLDING. (P. L. 1894, p. 429.) 

Sec. 1. That any person or persons, citizens of this state, 
now or hereafter holding, using or occupying any grounds 
lying under the tide-waters of this state for the planting or 
cultivating of oysters thereon, said grounds not now known 
and recognized as natural oyster seed beds, from which there 
is now gathered seed or young oysters for planting purposes, 
shall be and hereby are confirmed in their holding or right to 
use such grounds for the purpose of planting and cultivating 
of oysters, and the oysters planted and growing thereon shall 
be the personal property of the person or persons holding, 
using or occupying the grounds as aforesaid ; provided, the 
said grounds shall have been marked by proper stakes, buoys 
or suitable monuments, and oysters shall have been actually 
planted upon the grounds so marked off. 

83. OYSTERS ON PRIVATE GROUNDS DEEMED PERSONAL 

PROPERTY. TRESPASSING A MISDEMEANOR. (P. L. 

1895, p. 560.) 

Sec. 2. That upon the grounds now or hereafter held, 
used or occupied as aforesaid the person or persons holding, 
using or occupying the same may plant, cultivate and gather 
oysters; they may shell said grounds and gather the oysters 
that may grow thereon, and all oysters on said grounds shall 
be deemed and taken to be their personal property ; and every 
person or persons who shall gather, catch or take oysters, 
clams or shells from any lot of ground properly planted with 
oysters held, used or occupied as aforesaid, or use thereon any 
tongs, rake or dredge without the permission of the person 
or persons holding, using or occupying the same, shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof, 
shall be fined in a sum not greater than one hundred dollars 
or be confined in the county jail for a period not exceeding 
six months, or both, at the discretion of the court. 



Relative to Shell Fish Industry 45 

84. unlawful to take oysters from private grounds. 

constable may seize boats. jurisdiction of 
offense. boat may be sold. (p. l. 1894, p. 429.) 

Sec. 3. That it shall be unlawful for any person, without 
the permission of the person or persons holding, using or 
occupying the grounds now or hereafter held, used or occupied 
as aforesaid to work from boats or otherwise with rakes, 
dredges or other appliances upon any of said grounds, and 
thereby to injure, disturb or remove the oysters planted and 
growing thereon; and it shall be the duty of any constable 
or duly-authorized special officer, and lawful for any other 
person, to seize and secure any boat, rake, dredge or other 
appliance used in violation of this law and immediately give 
information thereof to any justice of the peace of the county 
wherein such seizure is made, who is hereby empowered and 
required to hear, try and determine whether such boat, rake, 
dredge or other appliance so seized was used in violation of 
this law; the said justice shall appoint a time and place of 
trial and cause reasonable notice thereof to be given to the 
person who was in possession of the property seized and the 
owner thereof, if they can be found; and shall, at the time 
and place appointed, determine whether the boat, rake, dredge 
or other appliance seized was used in violation of this law, 
and if found to have been so used shall order the same to be 
sold in such manner as the said justice shall direct; and the 
avails thereof, after deducting all proper and reasonable costs 
and charges which said justice may tax and allow, shall be 
paid one-half to the person or persons making the seizure and 
one-half to the treasurer of the state for the use of the state. 

85. CLAM GROUNDS NOT TO BE USED FOR OYSTER CULTURE. 

Sec. 4. That no grounds now used and set apart for 
clamming purposes in said state shall be occupied and used for 
the purpose of planting or cultivating oysters. 

86. STAKES SHALL BE YIELDING. 

Sec. 5. That all stakes used for the purpose aforesaid 



46 Statute Law of New Jersey 

shall be elastic and yielding, and shall not impede navigation 
nor interfere with the drawing of seines in any place now 
established and customarily used for seine fishing. 

87. FORFEITURE OF OYSTERS PLANTED ON NATURAL BEDS. 

Sec. 6. That any person or persons who shall plant 
oysters upon any of the natural oyster beds lying under the 
waters aforesaid, now known and recognized as natural oyster 
beds, and from which there is now gathered seed or young 
oysters for planting purposes, shall be deemed trespassers, 
and such planted oysters shall be forfeited to the public, who 
shall have the right and privilege of going upon said beds and 
taking said planted oysters and converting the same to their 
own use at any time when it is now lawful to take oysters 
from said natural beds. 

88. TITLE SHALL NOT RUN AGAINST STATE. 

Sec. 7. That nothing in this act contained shall give any 
person or persons the right or title to any of said lands as 
against the state, and the state may at any time alter or repeal 
this law, or the riparian commissioners may make grants, the 
same as if this act had not been passed. 

89. ACT NOT APPLICABLE TO DELAWARE BAY. 

Sec. 8. That none of the provisions of this act shall apply 
to the waters or bottoms of Delaware Bay and Maurice River 
Cove. 

90. REPEALER. 

Sec. 9. That this act shall and is hereby declared to be a 
public act and shall take effect immediately, and all acts and 
parts of acts inconsistent herewith shall be and hereby are 
repealed. 

91. PENALTY. (P. L. 1895, p. 502.) 

Sec. 10. That any person or persons removing any stakes, 
buoys or monuments placed or erected for the purposes as set 
forth in the first section of the act to which this is a supple- 



Relative to Shell Fish Industry 47 

ment, shall, upon conviction thereof before any court of com- 
petent jurisdiction, pay a fine of twenty dollars or be impris- 
oned in the county jail for a period not exceeding ninety days, 
either or both, at the discretion of the court. 

92. REPEALER. 

Sec. 11. That all acts and parts of acts inconsistent with 
this act be and the same are hereby repealed. 

Note. — As originally passed April 28, 1890, P. L. 280, this act was a supplement to 
the act entitled "An act for the preservation of clams and oysters," approved April 14, 
1846. It was amended April 16, 1891, P. L. p. 467. In October, 1891, Abraham Post 
was indicted by the grand jury of Monmouth County for an alleged violation of the act. 
On motion to quash, the Supreme Court in the case of State vs. Post, 55 N. J. L. 264, 
held the act to be unconstitutional because it was expressly restricted in its operation 
to those persons who had used and occupied oyster grounds from January 1, 1880, and 
who were in occupancy at the passage of the act in 1890. Justice Van Sycle said "The 
right to plant oysters on the lands of the state for the sole use of the occupant, is a 
privilege, and, inasmuch as it excludes all others from taking them, it is an exclusive 
privilege which cannot be granted by special, local or private laws. 

"Prior to the adoption of the amendments to the constitution, there had been con- 
spicuous instances in which the legislature had made valuable grants to individuals and 
corporations by special laws. 

"The purpose of the constitutional clause under consideration (par. 11, sec. 7) was 
to interdict all legislation of that character, if, therefore, the act of 1890 is private, 
local or special, it is in conflict with the fundamental law. 

"The expressed purpose of the act is to encourage and protect the planting and 
cultivation of oysters. If the legislature conceives that public policy requires the appro- 
priation of the state's lands under water, or any part of them, to this object, it may 
enact such laws as will effectuate it, provided it can be accomplished by general laws. 

"The state may grant rights in some of its lands without disposing of all its posses- 
sions, but it cannot select individuals or corporations as the objects of its bounty, to the 
exclusion of other citizens of the state." 

This decision was rendered at the February Term, 1893, and the act last above set 
out was passed at the next session of the legislature. 



An Act to protect the natural oyster-seed grounds of 
this state. 

Approved March 17, 1899. 

93. ROUGH CULL LAW. NOT APPLICABLE TO DELAWArIe 
BAY. (P. L. 1899, p. 85.) 

Sec. 1. It shall not be lawful for any person or persons, 



48 Statute Law of New Jersey 

under pretense of taking oysters, or under any other pretense 
whatever, to remove or carry off from any natural oyster-seed 
grounds in this state any shells other than such as cannot be 
removed or separated from the oysters without injuring the 
same ; and all such shells shall be culled and separated from 
the oysters and thrown back again upon the said natural 
oyster-seed grounds; and any person or persons offending 
against the provision of this act shall be deemed guilty of a 
misdemeanor and punishable, after conviction, by a fine of 
fifty dollars for each and every offense, or imprisonment in 
any county jail for a period of three months, or both, at the 
discretion of the court; and the fine, when so recovered, one- 
half to go to the complainant and one-half to the treasurer 
of the state for the use of the state ; provided, that the pro- 
vision of this section shall not apply to Delaware Bay and 
Maurice Cove and the tributaries thereto. 

Note. — This act has been superseded by Section 12 of Chapter 116, P. L. 1917, p. 250, 
which applies to the entire state. See Section 27 supra. 



An Act to provide a uniform procedure for the enforce- 
ment OF ALL LAWS RELATING TO THE TAKING OF NATURAL 
SEED OYSTERS AND CLAMS AND THE PROTECTION OF THE 
NATURAL SEED OYSTER GROUNDS OF THIS STATE AND FOR THE 
RECOVERY OF PENALTIES FOR THE VIOLATION THEREOF. 

Approved March 23, 1900. 

94. LAWS FOR PROTECTION OF SEED OYSTERS AND GROUNDS, 
HOW ENFORCED. (P. L. 1900, p. 425.) 

Sec. 1. All laws, general and special, for the protection 
of natural seed oyster grounds, or in any manner prohibiting 
or regulating the taking or possession of natural seed oysters 
and clams, shall hereafter be enforced, and all penalties for 
violations thereof shall hereafter be recovered in accordance 
with the provisions of this act. 



Relative to Shell Fish Industry 49 

95. jurisdiction. 

Sec. 2. Justices of the peace, district courts and police 
magistrates shall have jurisdiction to try and punish any 
person or persons, corporation or corporations, accused of 
violating any of the laws specified in the first section of this 
act, or any of the provisions thereof, and every penalty pre- 
scribed for such violation may be enforced and recovered 
before any justice of the peace, district court or police magis- 
trate, either in the county where the offense is committed or 
where the offender is first apprehended or where he may 
reside. 

96. PROCEDURE. 

Sec. 3. Such justice of the peace, district court or police 
magistrate, upon receiving complaint in writing, duly verified, 
of the violation of any law specified in the first section of this 
act, or of any of the provisions thereof, is hereby authorized 
and required to issue a warrant, directed to any constable, 
police officer, oyster commissioner or their assistants, com- 
manding him to cause the person or persons so complained 
of to be arrested and brought before such justice, district 
court or police magistrate, and shall thereupon, in a summary 
way, hear and determine the guilt or innocence of such person 
or persons, and, upon conviction, shall impose upon the person 
or persons so convicted the penalty or penalties prescribed, 
together with the costs of prosecution for such offense; and 
if any person or persons shall fail to pay the penalty or pen- 
alties so imposed, together wtih the costs of prosecution, the 
said justice, district court or police magistrate shall commit 
him or them to the common jail of the county where such 
conviction is had, for a period not exceeding ninety days, or 
until said penalty and costs are paid. 

97. ARREST WITHOUT WARRANT. 

Sec. 4. For the violation of any laws specified in the first 
section of this act, or of any of the provisions thereof, done 



50 Statute Law of New Jersey 

within the view of any constable, police officer, oyster commis- 
sioners or their assistants, such officer is hereby authorized, 
without warrant, to arrest the offender or offenders and to 
carry him or them before a justice of the peace, district court 
or police magistrate of the county wherein such arrest is made, 
and the justice, district court or police magistrate before 
whom such offender or offenders shall be taken is hereby 
authorized and required to hear and determine in a summary 
way the guilt or innocence of such person or persons, after 
receiving from the said officer a complaint in writing, duly 
verified, setting forth the nature of the offense for which the 
said person or persons was or were arrested. 

98. COSTS AND FEES. 

Sec. 5. In any action commenced under the provisions of 
this act the prevailing party shall recover costs against the 
other, and the same fees and costs shall be allowed therein as 
in trials before justices of the peace holding court for the trial 
of small causes. 

99. ADJOURNMENT OF HEARING. 

Sec. 6. Any hearing to be held pursuant to this act may, 
for good cause shown, be adjourned for a period not exceeding 
thirty days from the return of any warrant of the time of 
appearance mentioned in any summons, or from the date of 
any arrest without warrant, as the case may be, but in case 
it shall be the duty of the justice, district court or police magis- 
trate to detain the defendant or defendants in safe custody 
unless he or they shall enter into bond to the person making 
the complaint, with at least one surety, in double the amount 
of the penalty to be recovered, conditioned for his or their 
appearance on the day to which the hearing shall be adjourned, 
and thence from day to day until the case is disposed of, and 
then to abide by the judgment of the justice, district court or 
police magistrate, provided no appeal therefrom be taken, and 
such bond, if forfeited, may be prosecuted by the person to 
whom it is given in any court of competent jurisdiction. 



Relative to Shell Fish Industry 51 

100. disposition of moneys recovered. 

Sec. 7. All moneys recovered pursuant to the provisions 
of this act shall be paid in each case to the person making the 
complaint, who shall pay one-third thereof to the treasurer of 
the state for the use of the state, and one-third thereof in 
equal proportions to the persons furnishing the evidence nec- 
essary to secure a conviction. 

101. APPEAL MAY BE TAKEN. PROVISO. 

Sec. 8. Any party to any proceeding instituted under this 
act may appeal from the judgment or sentence of the justice, 
district court or police magistrate, to the court of common 
pleas of the county in which the said proceedings shall take 
place ; 'provided, that the party appealing shall within ten days 
after the date of the said judgment serve a written notice of 
appeal upon the opposite party, pay the costs of such proceed- 
ings and deliver to the justice, district court or police magis- 
trate a bond to the opposite party in double the amount of the 
judgment appealed from, with at least one sufficient surety, 
conditioned to prosecute the said appeal and to stand to and 
abide by such further order or judgment as may hereafter be 
made against said party. 

102. PAPERS, ETC. SENT TO COURT OF COMMON PLEAS. 

Sec. 9. Whenever an appeal shall be taken as aforesaid, 
it shall be the duty of the justice, district court or police 
magistrate to send all papers, together with a transcript of 
the proceedings in the case, to the next court of common pleas 
of the said county, which court shall try and determine all 
such appeals in the same way and manner that appeals from 
the courts for the trial of small causes are now tried and 
determined, except that upon the trial of any such appeal no 
notice of the production of new evidence on behalf of either 
party shall be required. 

103. POWER AND FEES OF OYSTER COMMISSIONERS. 

Sec. 10. The duly appointed oyster commissioners or 



52 Statute Law of New Jersey 

their assistants shall have the same power and be entitled to 
the same fees for the services of process in cases instituted 
under this act, as constables have and are entitled to receive 
in the courts for the trial of small causes. 

104. GIVING OF EVIDENCE. 

Sec. 11. No person shall be excused from giving evidence 
in any action or proceedings taken or had under this act, on 
the ground that such evidence might tend to convict such wit- 
ness, or render him liable to prosecution under this act, but 
such evidence shall not be received against such witness in 
any such prosecution. 

105. PROCEEDINGS ON SUNDAY. 

Sec. 12. Proceedings under this act may be instituted on 
any day of the week, and the institution of such proceedings 
on Sunday shall be no bar to the successful prosecution of the 
same, and any process served on Sunday shall be as valid and 
effectual as if served on any other day of the week. 

106. PROCEEDINGS BROUGHT IN NAME OF STATE. 

Sec. 13. All proceedings for the recovery of penalties 
pursuant to the provisions of this act shall be entitled and 
shall run in the name of the state of New Jersey, with one 
of the oyster commissioners or their assistants or a police 
officer or a constable, and no proceedings shall be instituted 
by any person not a duly commissioned oyster commissioner 
or their assistants or a police officer or a constable of this state. 

107. PENALTY ON SECOND CONVICTION. 

Sec. 14. In all cases where a person shall be convicted a 
second time, double the penalty prescribed shall be imposed 
upon such second conviction, and it is hereby made the duty 
of every person making the complaint pursuant to the pro- 
visions of this act, who has reason to believe that the accused 
has been previously convicted, to lay such information before 
the justice of the peace, district court or police magistrate, 
and produce such proof of the same as shall be admissible. 



Relative to Shell Fish Industry 53 

108. repealer. proviso. 

Sec. 15. All acts and parts of acts inconsistent with the 
provisions of this act, be and the same are hereby repealed; 
provided, that such repealer shall not be taken or construed 
to interfere with any prosecutions now pending or which may 
hereafter be begun for the violation heretofore of any such 
laws. 

Note. — In June, 1916, two schooners were seized in Maurice River, by common 
informers, upon the charge that non-residents had been employed thereon while said 
schooners were being used by the owners therof in taking plants from natural oyster 
beds above the Southwest Line in Delaware Bay. Information was thereupon given to 
two justices of the peace, alleging a violation of the Seventh Section of the Act of 1846 
(Section 41 supra). After hearing, judgments were entered condemning these schooners 
and ordering same sold by a constable at public auction. On certiorari, the Supreme 
Court held in Bradford vs. De Luca and Kotok, justices of the peace, 90 N. J. L. kSU, 
that the Court of Two Justices of the Peace, established by Section 9 of the Act for the 
preservation of clams and oysters (Section 43 supra) had been abolished, at least as 
to violation of the law relating to the taking of natural seed oysters and clams, and that 
all proceedings for the violation of those laws must be under the provisions of this act 
of March 23, 1900. The judgments of condemnation were set aside, with costs. On a 
subsequent rule to show cause, the Court, in an unreported opinion, {Hill-man VS. De Luca 
and Kotok, June Term 1918) held that as the two justices of the peace were without 
colorable jurisdiction in these eases there was no abuse of judicial discretion in imposing 
costs upon them under the authority of Section 10 of the Certiorari Act. 



An Act to amend an act entitled "An act to provide for 
the scientific investigation of oyster propagation," 
approved March twenty-first, one thousand nine 
hundred and one. 

Approved May 13, 1907. 

109. STATIONS FOR INVESTIGATING OYSTER PROPAGATION. 
EQUIPMENT. ANNUAL REPORT. (P. L. 1907, p. 434.) 

Sec. 1. The director of the New Jersey Agricultural Col- 
lege Experiment Station at New Brunswick is hereby author- 
ized to establish and to maintain one or more stations for the 
scientific investigation of oyster propagation and other ostra- 
cultural problems, said station or stations to be situated at 
some point or points in the oyster-growing sections of this 



54 Statute Law of New Jersey 

state; to procure a boat or boats adapted to the prosecution 
of the aforementioned research work; to have the same 
equipped with suitable apparatus ; to engage such expert or 
experts and the services of such other persons as may be 
needed in the maintenance of the ostracultural studies so 
undertaken, and to transmit annually to the governor a full 
and detailed report of the scientific operations under this act 
in the reports of the agricultural college experiment stations; 
the amount authorized to be expended under the provisions 
of this act shall not exceed the sum of twelve hundred dollars 
in any one year; provided, that no moneys shall be drawn 
from the state treasury for the purposes of this act until the 
same shall have been specifically appropriated according to 
law. (a) 

(a) The original act consisted of but one section. 
Note. — See P. L. 1901, p. 226, for original act. 



An Act to provide for the marking and designating of 
the channels of the bays, thoroughfares and sounds 
flowed by tide water in the counties of ocean, atlan- 
TIC and Cape May. 

Approved June 12, 1906. 

110. NAVIGABLE WATERS INDICATED. (P. L. 1906, p. 673.) 

Sec. 1. It shall be the duty of the persons designated by 
this act annually, on or before the first day of June, to stake, 
buoy, mark, or otherwise indicate, to the best of such person's 
ability, such channels in or beds of bays, thoroughfares and 
sounds as may be navigable, flowed by tide water in the coun- 
ties of Ocean, Atlantic and Cape May. 

111. OYSTER SUPERINTENDENTS TO ACT. 

Sec. 2. The duty required by this act shall be performed 
by the oyster superintendent of the several districts of Ocean, 



Relative to Shell Fish Industry 55 

Atlantic and Cape May counties, each superintendent to have 
charge of all waters included in his district. Where there 
exists no oyster superintendent for any of said counties the 
oyster superintendent for the adjoining district shall perform 
the duty. 

112. ASSISTANTS AND MATERIAL. PROVISO, 

Sec. 3. The said superintendent shall have power to pro- 
vide all stakes, buoys, signs, markers and other materials 
necessary to carry out the provisions of this act, and may 
secure and pay for the services of persons in the said districts 
for the purpose of ascertaining the locations of channels; 
provided, however, that said superintendent shall in no case 
contract for such work or materials to an amount in excess 
of the moneys appropriated for that purpose. 

113. NOT TO INTERFERE WITH FEDERAL BUOYS. 

Sec. 4. In carrying out the purpose of this act no buoy, 
stake, sign or marker shall be placed near any buoy main- 
tained by the Government of the United States, nor placed so 
as to interfere with the purpose thereof. 

114. NOTICE OF MARKINGS. 

Sec. 5. The said oyster superintendent shall give public 
notice annually on or before June fifteenth of the fact that 
channels have been marked as required by this act, and in said 
notice inform the public of the nature of said markings and 
how they may be read and understood. 

115. SALARY OF SUPERINTENDENTS. (As amended P. L. 1907, 

p. 568.) 

Sec. 6. Each superintendent shall receive annually, as 
compensation for the duty required by this act, the sum of 
one hundred dollars, payable July fifteenth, for each district 
in which such channel shall be so designated, and shall be 
allowed for the materials and services necessary to carry this 
act into effect the additional sums of four hundred dollars for 
the district embraced by Ocean county, four hundred dollars 



56 Statute Law of New Jersey 

for the district embraced by Atlantic county and six hundred 
dollars for the district embraced by Cape May county. 

116. ANNUAL STATEMENT. 

Sec. 7. Said superintendent shall annually, on or before 
July fifteenth, file with the Comptroller an itemized statement, 
verified by oath, of the expenses incurred by him by authority 
of this act. 

117. REMOVAL OF MARKERS A MISDEMEANOR. 

Sec. 8. Any person that shall willfully remove, change, 
mutilate or destroy any stake, buoy, sign or marker, placed 
by the oyster superintendent under authority of this act, shall 
be guilty of a misdemeanor. 



An Act to secure the purity and wholesomeness of 
shell-fish. 

Approved February 29, 1912. 

118. INSPECTION OF OYSTER AND CLAM BEDS BY STATE 

BOARD OF HEALTH. (P. L. 1912, p. 44.) 

Sec. 1. It shall be the duty of the Board of Health of 
the State of New Jersey to inspect, or cause to be inspected, 
as often as said board may deem necessary, the various oyster 
and clam beds and other places within the jurisdiction of or 
forming a part of the State of New Jersey from which oysters, 
clams or other shell-fish are taken to be distributed or sold for 
use as food, for the purpose of ascertaining the sanitary con- 
ditions of such oyster and clam beds and other places, and the 
fitness of the oysters, clams or other shell-fish in such places, 
or which are taken therefrom, for use as food. 

119. BEDS DANGEROUS TO HEALTH CONDEMNED. (As amended 

P. L. 1918, p. 490.) 

Sec. 2. If the State Department of Health discovers that 



Relative to Shell Fish Industry 57 

any oyster or clam bed, or other place from which oysters, 
clams or other shell-fish are or may be taken is subject to 
pollution or to any other condition which may render the 
oysters, clams or other shell-fish in such places, or which may 
be taken therefrom, dangerous to health, it shall be the duty 
of said board to immediately condemn such oyster or clam 
bed or other place, and to prohibit the taking of oysters, clams 
or other shell-fish from such places, and also to prohibit the 
sale, distribution, offering for sale or having in possession any 
such oysters, clams or other shell-fish, without a permit to 
so take, sell, distribute, offer - to sell, or have in possession, 
first obtained from the State Department of Health, under 
such terms and regulations as they shall adopt. 

120. EVIDENCE OF USE AS FOOD. (P. L. 1912, p. 44.) 

Sec. 3. For the purpose of this act, the distribution, sale, 
offering for sale, or having in possession with intent to dis- 
tribute or sell any oysters, clams or other shellfish shall be 
prima facie evidence that such oysters, clams or other shell- 
fish were intended for use as food. 

121. NO POLLUTION ALLOWABLE. PROVISO. 

Sec. 4. No excremental or other polluting matter of any 
kind or character whatever shall be discharged into or placed 
in the waters, or placed or suffered to remain upon the banks 
of any stream or tributary thereof or body of water in which 
shell-fish grow, or are or may be placed; provided, however, 
that nothing in this section shall apply to the discharge of 
sewage or drainage into such stream, tributary or body of 
water by municipalities of this State. 

122. RI LFS AND REGULATIONS, 

Sec. 5. The State Board of Health shall have power to 
adopt, promulgate and enforce such rules and regulations as 
shall promote the purposes of this act and they shall also have 
power to make such specific orders regarding the growing and 
handling of sheli-fish and the disposal of polluting matter 
which may affect the purity of shell-fish as they may deem 
necessary to enforce the provisions of this act. 



58 Statute Law of New Jersey 

123. right of entry by authorities. 

Sec. 6. The members and employees of the State Board 
of Health shall have free access at all times to all oyster and 
clam beds, places of business and all other places where oys- 
ters, clams or other shell-fish are grown, kept, stored, had in 
possession with intent to distribute or sell, or sold, and also to 
all streams, tributaries thereof and lands adjacent thereto, the 
waters draining from which may come in contact with clams, 
oysters or other shell-fish, and shall have power to make such 
inspections of such places, and to take such samples of oysters, 
clams, other shell-fish or other substances, as they may deem 
necessary to carry out the purposes of this act. 

124. OBSTRUCTING OFFICIALS PROHIBITED. 

Sec. 7. No person shall obstruct or in anywise interfere 
with any chemist, bacteriologist, inspector or employee of the 
State Board of Health in the performance of any duty under 
this act. 

125. PENALTY. PLEADINGS. 

Sec. 8. Any person or corporation who shall violate any 
of the provisions of this act, or any of the rules and regula- 
tions made under authority contained in this act, or who shall 
disobey any order made by the State Board of Health under 
authority contained in section five of this act, or who shall 
gather with intent to distribute or sell for use as food any 
oysters, clams or other shell-fish from any oyster or clam bed 
or other place which has been condemned by the State Board 
of Health in accordance with the provisions of section two of 
this act, or who shall distribute, sell, offer or expose for sale 
or have in his possession for the purpose of sale any oysters, 
clams or other shell-fish taken from any oyster or clam bed 
or other place which has been condemned by said board, shall 
be liable to a penalty of one hundred dollars, such penalty to 
be recovered in an action of debt by and in the name of the 
Board of Health of the State of New Jersey as plaintiff. The 
pleadings shall conform in all respects to the practice prevail- 
ing in the court in which any such action shall be instituted, 



Relative to Shell Fish Industry 59 

but no pleadings or process shall be set aside or invalidated 
by reason of any formal or technical defects therein, if the 
same contain a statement of the nature of the alleged viola- 
tion and of the section of this act alleged to have been violated, 
and upon the attention of the court being called to any such 
formal or technical defect the same shall be immediately cor- 
rected and the said pleading or process amended as a matter 
of course, and as to all other defects in pleadings or process 
the same may be amended, in the discretion of the court, as 
in any other action or proceeding in said court. 

126. EXECUTION ISSUED TO ENFORCE JUDGMENT. DEFEND- 

ANT MAY BE IMPRISONED. JUDGMENT AGAINST COR- 
PORATION. 

Sec. 9. When judgment shall be rendered against any 
defendant other than a body corporate execution shall be 
issued against his goods and chattels and body without any 
order of the court for that purpose first had and obtained. If 
the officer executing any such writ shall be unable to find suf- 
ficient goods and chattels of said defendant in his bailiwick 
to make the amount of said judgment, he shall take the body 
of the said defendant and deliver him to the keeper of the 
common jail of said county, there to be detained until dis- 
charged by the court in which such judgment was obtained, 
or by one of the justices of the Supreme Court, when such 
court or justice shall be satisfied that further confinement 
will not result in the payment of the judgment and costs. In 
case judgment shall be rendered against a body corporate 
execution shall be issued against the goods and chattels of 
such body corporate as in other actions of debt. 

127. INJUNCTION TO RESTRAIN VIOLATIONS. 

Sec. 10. Whenever any person shall violate any of the 
provisions of this act, it shall be lawful for the Board of 
Health of the State of New Jersey, either before or after the 
institution of proceedings for the collection of the penalty 
imposed by this act for such violation, to file a bill in the 
Court of Chancery in the name of the State, at the relation 



60 Statute Law of New Jersey 

of said board, for an injunction to restrain such violation and 
for such other and further relief in the premises as the Court 
of Chancery shall deem proper, but the filing of such a bill, 
nor any of the proceedings thereon, shall not relieve any party 
of such proceedings from the penalty prescribed by this act 
for such violation. 

128. APPROPRIATION. PROVISO. 

Sec. 11. The sum of seven thousand five hundred dollars 
is hereby appropriated for the use of the State Board of 
Health in enforcing the provisions of this act, and said 
board is authorized to employ such chemists, bacteriologists 
and inspectors, and to purchase such apparatus and supplies, 
including a suitable boat, as they may deem necessary; 
provided, that no part of the sum hereby appropriated shall 
become available until the amount thereof has been included 
in either a supplemental or regular appropriation bill. 

129. ACTS REPEALED. 

Sec. 12. An act entitled "A supplement to an act entitled 
'An act to secure the purity of foods, beverages, confectionery, 
condiments, drugs and medicines, and to prevent deception 
in the distribution and sales thereof (Revision of 1907,)' 
approved March twentieth, one thousand nine hundred and 
seven," approved April fifteenth, one thousand nine hundred 
and eleven, and an act entitled "A further supplement to an 
act entitled 'An act for the preservation of clams and oysters,' 
approved April fourteenth, one thousand eight hundred and 
forty-six," approved April twenty-first, one thousand nine 
hundred and nine, be and the same are hereby repealed. 

Note. — This act probably supersedes Chapter 97 of the laws of 1910, P. L. p. 1J,7. 
The provisions of this act with respect to leasing of condemned oyster grounds are 
modified by the act. of March 4, 1918, P. L. p. 995, Sections 31 and 32 supra. 



Relative to Shell Fish Industry 61 

A Supplement to "An Act to ascertain the rights of the 
State and Riparian owners in the lands lying under 
the waters of the bay of new york and elsewhere in 
the State," (Revision), approved April eleventh, one 
thousand eight hundred and sixty-four, and the sev- 
eral supplements thereto. 

Approved March 6, 1888. 

130. GRANTS OR LEASES TO BE MADE FOR CERTAIN PUR- 
POSES ONLY. (P. L. 1888, p. 140.) 

Sec. 1. That no grant or lease of lands under tide-water, 
whereon there are natural oyster beds, shall hereafter be 
made by the riparian commissioners of this state, except for 
the purpose of building wharves, bulkheads or piers. 

Note. — The State may grant the exclusive use of its land under water, but until 
such grant is made, the right to enter and fish upon it may be exercised by all the 
citizens of the state. Polhamus vs. Bateman, GO N. J. L. 163. 



An Act to prohibit the riparian commissioners from 
granting any special oyster rights or privileges in 
Delaware Bay. 

Approved May 15, 1894. 

131. GRANTING OF SPECIAL OYSTER PRIVILEGES PROHIB- 
ITED. (P. L. 1894, p. 309.) 
Sec. 1. That the riparian commissioners shall not have 
the right or power, in the name of the state or otherwise, by 
deed, grant or lease, to give, grant or convey to any person 
or corporation the exclusive right or privilege to plant or 
take oysters from any part of Delaware Bay. 



62 Statute Law of New Jersey 



V. ACTS APPLICABLE TO DELAWARE BAY, DELA- 
WARE RIVER, MAURICE RIVER COVE 
AND RARITAN BAY. 



Being act of March 24, 1899 (P. L. 1899, p. 506), as amended, supplemented and 
extended by act of March 22, 1901, approved March 22, 1901, with supplements and 
amendments. 

132. STATE OYSTER COMMISSION ESTABLISHED FOR DELA- 
WARE RIVER, DELAWARE BAY AND MAURICE RIVER 
COVE. (P. L. 1901, p. 307.) 

Sec. 1. (This section is superseded by Section 1 of Chap- 
ter 116, P. L. 1917, p. 250, as amended by Chapter 217, P. L. 
1918, p. 781, Section 16 supra.) 

Note. — From 1871 until the passage of this act in 1899, the enforcement in the 
Maurice River Cove, and Delaware Bay and River of the oyster and clam law of 1846 and 
its supplements, had been left by the legislature to an organization of the captains of 
vessels licensed to engage in the business of planting and growing oysters in said waters, 
and the oyster planters. As finally developed, the oyster interests of this section were 
committed by law to the management of a committee elected by the captains and owners 
of vessels engaged in the business. This committee was known as the "Executive Com- 
mittee of the Maurice River Cove and Delaware Bay Oyster Association." The powers 
and duties of this committee and its officers and employees were prescribed by law. 
Moneys necessary for policing the natural beds and planted grounds were raised by volun- 
tary assessments levied upon the vessels, based upon their net tonnage. The moneys so 
collected were disbursed by the Executive Committee, and an annual statement was ren- 
dered by them to the association. 

By the act of 1899, control of the industry in these waters was transferred from the 
oystermen themselves and vested in a commission appointed by the Governor. The ter- 
ritory involved includes about 50,000 acres of natural oyster grounds above what is known 
as the "southwest line," being an imaginary line running direct from the mouth of 
Straight Creek to Cross Ledge Lighthouse in the Delaware Bay, and, also, about 50,000 
acres of land under water below said line, suitable for oyster culture and on which oysters 
are planted. 

The gradual development of the laws relating to the industry in these waters is 
shown by the statutes collected in the Camp. Stat, of N. J., Vol. 2, pp. 11,62-1 i81, 
inclusive. 

As all the pertinent acts were duplicated in the act of 1899, and inconsistent laws 
repealed, it has been deemed unnecessary, as well as confusing, to insert them here. They 
are all superseded by the act of 1899 and supplements. 

While the industry was under the control of the planters and captains and owners 
of vessels, important litigation was conducted on their behalf which established the busi- 
ness on a firm basis. 

Among these cases are the following: Johnson vs. Loper, 1,6 N. J. L. 321; Grace 
VS. Willets, 50 N. J. L. 1,11,; State vs. Polhamus, 57 N. J. L. 31,8; Bateman vs. Hollingi r, 
SO Atl. Rep. 1107; Bateman vs. Polhamus, 60 N. J. L. 163. In the last cited case the 
Court of Errors and Appeals held that a riparian grantee could not obtain an exclusive 



Relative to Shell Fish Industry 63 

right of fishery in the public waters of the state. This litigation grew out of the making 
of a large number of riparian grants off Fortescue in Beadon's Cove, which included 
some of the most valuable natural oyster grounds in Delaware Bay. The association 
determined to resist the claims which the riparian grantees made to the natural oyster 
beds lying within the limits of their grants, and, after giving notice, made a concerted 
raid on the natural beds and the oysters thereon. More than fifty members of the asso- 
ciation were arrested and indicted but the indictments were quashed. State vs. Polhamus, 
57 N. J. L. SiS. 

An attempt was made to enjoin the Executive Committee from using funds of the 
association for the defense of its members, but the bill was dismissed. Bateman VS. 
Hollinger, 30 Atl. Rep. 1107. Luther Bateman, a riparian grantee, then sued Zebulon 
Polhamus, one of the raiders, for trespass, and had judgment below. This was reversed 
by the Court of Errors and Appeals. Polhamus vs. Bateman, GO N. J. L. 163. All the 
grants were then revoked and the money paid therefor was refunded by the state. P. L. 
1S9S, p. 191. During the pendency of this controversy, the Executive Committee also 
secured the passage of the act of 1894, P. L. p. 309, prohibiting the riparian commission 
from making a grant of the exclusive right or privilege to plant or take oysters from 
any part of Delaware Bay. 

After the passage of the act of 1899, placing the oyster business in this territory 
under state control, litigation arose in which the constitutionality of the act was attacked 
but upheld. See State vs. Corson, 67 N. J. L. 17S. Its provisions have also been upheld 
in the cases of State vs. Lee, 70 N. J. L. 368; Id. 74 N. J. L. 852; Id. 207 U. S. 67; 
State VS. Hand, 71 N. J. L. 137. 

Other localities having oyster interests, have caused similar laws to be passed by 
the legislature, but the enforcement of all has now been committed to the new Board of 
Shell Fisheries created by the act of 1915. It is believed, however, that the consolidation 
of the various commissions has not affected the substantive law but has merely placed 
the responsibility for the enforcement thereof upon the new board and its appointees. 

133. OYSTER SUPERINTENDENT. DUTIES. SALARY. 

Sec. 2. The state oyster commission shall appoint a per- 
son to be known as the oyster superintendent, to hold office 
during the pleasure of the state oyster commission, and shall 
determine the amount of his compensation or salary, which 
shall not exceed twelve hundred dollars per annum, and which 
shall be paid in equal monthly payments ; before entering 
upon the duties of his office the oyster superintendent shall 
give bond to the state in the sum of five thousand dollars, with 
good and sufficient surety, conditioned for the faithful per- 
formance of his duties, which bond shall be first approved as 
to sufficiency by the law judge of the said county of Cumber- 
land; said bond shall be renewed annually; it shall be the 
duty of the state oyster commission to regulate and define the 
duties of the oyster superintendent, other than those duties 
specifically defined in this act. 



64 Statute Law of New Jersey 

134. power and duty of commission. 

Sec. 3. The state oyster commission shall have power, 
and it shall be their duty, to enforce the provisions of this 
act and the provisions of all other acts regulating the taking, 
planting or cultivating of oysters in Delaware River, Dela- 
ware Bay and Maurice River Cove, in this state, in force 
and not repealed by this act; and in furtherance and not 
in limitation of the above provisions they shall have power 
to employ such surveyors, engineers, guards and other em- 
ployees, together with all such boats, means and materials as 
they may deem necessary to carry into effect the provisions 
of this act, and for the protection of all oysters, oyster beds 
and grounds, and to incur such expenses as they may consider 
proper to fully carry out the provisions of this and the said 
other acts, and for the preservation and improvement of the 
said oyster beds or grounds. 

135. OFFICE. 

Sec. 4. The state oyster commission shall establish and 
maintain an office within the county of Cumberland, which 
shall be located at some place convenient to persons engaged 
in the oyster industry which office shall also be the office 
of the oyster superintendent; stated meetings of the state 
oyster commission shall be held at their office at least once 
a month. 

136. EMPOWERED TO LEASE LANDS BELOW SOUTHWEST 

LINE. 

Sec. 5. (Superseded by Section 1 of Chapter 116, P. 
L. 1917, p. 250, as amended by Chapter 217, P. L. 1918, p. 
781, Section 16 supra.) 

Note.— In State vs. Corson, 67 N. J. L. 17S (1901) an indictment for the alleged 
violation of this act was sought to be quashed and an attack was made on the pro- 
visions of Section 5 of the statute on the ground that they violated those articles of the 
federal constitution which guarantee equal civil rights to all citizens of the United States. 
The Court said : 

"This portion of the statute denies the privilege of taking a lease of the state lands 
under water to persons who are not citizens and residents of the state, except those who, 
at the time of the passage of the act, were holding and using the state's lands under 
these waters, and had oysters planted thereon, under a usage, custom or existing law of 



Relative to Shell Fish Industry 65 

the state. It also denies the privilege to citizens and residents who had not been such 
for twelve months preceding the making of the lease, except those in the situation just 
above mentioned. In the case of McCready vs. Virginia, 94 U. S. 391, a statute of the 
state of Virginia, which regulated cultivation of oysters in tidal waters of that state, 
was attacked upon similar grounds. In disposing of the question the Supreme Court 
of the United States declared that each state owns the beds of all tide waters within 
its jurisdiction ; that a right of fishing is a property right, and not a mere privilege or 
immunity of citizenship ; that the citizens of one state are not invested by the United 
States Constitution with any interest in the common property of the citizens of another 
state and that a state may grant to its own citizens the exclusive use of lands covered 
by water for raising oysters, and may prohibit their use for such purposes by citizens 
of other states. This effectually disposes of the claim that, by this provision of the 
statute, citizens of other states are deprived of any rights or privileges guaranteed by 
the federal constitution. Nor is there anything in the claim that citizens of our own 
state are deprived of such rights and privileges by this legislation. As soon as it is 
conceded that the state is the owner in fee of lands under its tidal waters, its right to 
use them in such a way as in its judgment is best for the public interest necessarily 
follows ; in exercising that right it may lease or sell such lands to whomsoever it may 
select for the purpose, and by doing so vest in its grantees or lessees the right to 
exclusively occupy the same." 

137. TERM AND CONDITIONS OF LEASES PRESCRIBED. 

Sec. 6. (Superseded by Section 2 of Chapter 116, P. L 
1917, p. 250, Section 17 supra.) 

138. EXISTING LEASES TO HAVE PREFERENCE. 

Sec. 7. Any person or persons now having ground or 
grounds staked up and leased under the provisions of the act 
to which this is a supplement, in Delaware Bay and Maurice 
River Cove, below the said "southwest line," shall be entitled 
to a renewal of his lease therefor, upon terms and conditions 
to be fixed and determined by the state oyster commission 
under the limitations and restrictions of this act, provided 
application for such renewal be made, in writing, and filed 
at the office of the state oyster commission before the expira- 
tion of said lease. 

139. OYSTER LANDS MEASURED, MAPPED, ETC. RECORDS 

KEPT. 

Sec. 8. (Superseded by Section 3 of Chapter 116, P. L. 
1917, p. 250, Section 18 supra.) 

Note. — In State vs. Lee, 70 N. J. L. 36S (lS9k), affirmed 7U N. J. L. 852, defendants 
were indicted for the unlawful dredging of oysters under Section 18 supra. Defendants 
insisted that the trial court should have directed an acquittal, because the state did not 
prove that the oyster bed in question had been "duly marked, buoyed and staked up" by 
or under the supervision of the state oyster commission. The Court said : 



66 Statute Law of New Jersey 

"We think such proof was not necessary. That commission must, according to the 
eighth section of the act, measure the leased lands, ascertain and locate their metes and 
bounds by ranges, monuments or other means so that their limits may be accurately fixed 
and easily located, and must make maps thereof ; but any competent person may place 
the marks, buoys or stakes which are to render the leased bed distinguishable by inspec- 
tion as private grounds." 

Conviction affirmed, Lee vs. State of New Jersey, 207 U. S. 67. 

140. CERTAIN SECTIONS NOT TO BE LEASED. 

Sec. 9. It shall not be lawful to make any leases embrac- 
ing the whole or any part of the following named oyster beds 
and creeks or rivers, namely: Elder Point beds, Dividing 
Creek beds, Oranoaken beds, Pepper beds, and beds in Stow 
Creek, Cohansey Creek, Back Creek, Cedar Creek, Nantuxent 
Creek, Dare's Creek, Paggett's Creek, Sow and Pigs Creek, 
Beaton's Creek, Fishing Creek, Straight Creek, Oranoaken 
Creek, Dividing Creek, Maurice River, West Creek, East 
Creek and Dennis' Creek or any other commonly known nat- 
ural oyster bed in Delaware River, Delaware Bay or Maurice 
River Cove, or in any creek or river emptying into said river, 
bay or cove. 

141. license to engage in oyster industry, tonnage 

TAX. 

10. The oyster superintendent shall issue a license, duly 
certified by himself, to each and every captain of a boat or 
vessel entitled by law to engage in the business of catching, 
planting and growing oysters in the said Delaware River, 
Delaware Bay and Maurice River Cove, that shall pay the 
license fee fixed therefor by the state oyster commission ; no 
boat or vessel shall be used or employed in catching or taking 
oysters in the Delaware River, Delaware Bay or Maurice 
River Cove, in this state, without license for that purpose first 
had and obtained as herein provided; the state oyster com- 
mission is hereby authorized to fix the license fee aforesaid 
at any sum not exceeding two dollars per ton on the tonnage 
measurement of such boat or vessel ; no license shall be issued 
for a period longer than one year; all licenses shall be num- 
bered and recorded in a book kept for that purpose in the 
office of the state oyster commission; each boat or vessel 



Relative to Shell Fish Industry 67 

licensed shall, at all times while engaged in operating under 
such license, wear in plain view, upon the middle of the main- 
sail, one-third of the way from the head thereof, the number 
of said license in black figures at least fifteen inches in length ; 
and upon the failure or neglect of any boat or vessel so licensed 
to wear said number as above required, such boat or vessel so 
neglecting or failing shall forfeit said license. 

Note. — In State vs. Corson, 67 N. J. L. 17S (1901), it was held that Sections 10 and 
11 of this act providing for the licensing of boats to engage in the business of catching, 
planting and growing oysters in the waters of this state, and basing such fee upon the 
tonnage of the boats, was not the laying of a duty of tonnage within the meaning of 
the federal constitution. 

142. QUALIFICATIONS OF APPLICANT FOR LEASE OR LICENSE. 
PROVISO. OATH. (As Amended P. L. 1909, p. 14.) 

Sec. 11. The state oyster commission, before issuing any 
lease to any person as provided for in this act, shall cause the 
person applying for said lease to make and file with them an 
oath that he is a citizen and actual resident of this state, and 
has been for twelve months next preceding said application ; 
and the oyster superintendent, before issuing any license to 
any boat or vessel as provided for in this act, shall cause the 
master or captain of said boat or vessel to make and file with 
him an oath that said boat or vessel is wholly owned bona fide 
by citizens and actual residents of this state, and who have 
been such for twelve months next preceding; or that in the 
year nineteen hundred and eight said boat or vessel was 
actually used in the business of catching, planting and grow- 
ing oysters in the Delaware Bay and Maurice River Cove; 
provided, however, that no boat or vessel owned in whole or 
in part by a non-resident and licensed in any other state to 
catch oysters on natural beds or "grounds in such other state 
shall be licensed in this state within the same year in which 
such license to catch oysters in such other state shall have been 
or shall be issued. Such oaths may be made and taken by and 
before the several members of the state oyster commission 
and the oyster superintendent, and the state oyster commis- 
sion shall have power to revoke any lease or license issued by 
reason of any false oath made or taken under any provision 



68 Statute Law of New Jersey 

of this act; provided, further, that nothing in this section 
contained shall apply to the renewal of any lease as provided 
for in sections five or seven of the act to which this act is 
amendatory. 

143. MONEYS FOR SOLE USE OF STATE. 

Sec. 12. All moneys due for ground rentals, license fees, 
or other fees collectible under the provisions of this act, shall 
be received and collected by the oyster superintendent, for the 
sole use of the State of New Jersey, as public moneys belong- 
ing to the state, and shall be accounted for and paid over as 
such in manner hereinafter provided. 

144. FURTHER DUTIES OF OYSTER SUPERINTENDENT. 

Sec. 13. The oyster superintendent shall keep an account 
of all fees and moneys received by him, pursuant to the provi- 
sions of this act, for the use of the state, and shall, on or 
before the tenth day of each month, make a full itemized state- 
ment and return, verified by oath, to the comptroller, of all 
moneys, collected or received as aforesaid, upon blanks con- 
taining a form of the said statement and oath, to be furnished 
to the oyster superintendent by the comptroller, and the said 
statements shall be filed in the office of the comptroller, there 
to remain as public records ; said statements shall be audited 
forthwith by said comptroller, and on or before the fifteenth 
day of each month the said oyster superintendent shall pay 
over the amount of such moneys received to the state treas- 
urer; he shall also make detailed monthly reports, verified 
by oath, to the state oyster commission, of the moneys col- 
lected or received by him ; all bills incurred by the state oyster 
commission in carrying out the provisions of this act shall be 
certified by the State oyster commission to the state comptrol- 
ler monthly for payment, and he shall draw his warrant on 
the state treasurer therefor ; provided, however, such expendi- 
ture shall not exceed the amount received from the oyster 
superintendent as above provided ; provided, further, however, 
that any excess of such receipts over the expenditure for any 
fiscal year shall, for the purpose of this act, be accounted as 



Relative to Shell Fish Industry 69 

receipts of the next succeeding fiscal year; provided, further, 
that the provisions of this section shall not apply to any money 
appropriated by the legislature for survey purposes. 

145. TAKING OYSTERS ABOVE SOUTHWEST LINE. 

Sec. 14. (Superseded by Section 5 of Chapter 116, P. L. 
1917, p. 250, Section 20 supra.) 

146. TAKING OYSTERS BELOW SOUTHWEST LINE. 
Sec. 15. (Superseded by Section 165 post.) 

147. NO OYSTERS TAKEN FROM LANDS NOT LEASED. EXCEP- 

TION. 

Sec. 16. No oysters shall be dredged for, caught or taken 
from any of the lands of the state under tidal waters of the 
Delaware Bay and Maurice River Cove, below a line running 
direct from the mouth of Straight Creek to Cross Ledge light- 
house, and commonly known as the "southwest line," that are 
not held by virtue of a lease or leases issued by the state oyster 
commission and duly recorded as herein provided; but noth- 
ing in this section or in the two sections immediately preced- 
ing shall apply to any of the creeks or rivers hereinbefore 
mentioned, nor shall be construed to prohibit the taking at 
any time of oysters with rakes or forks on what is commonly 
known as the Cape Shore, in Cape May county. 

148. ROUGH CULL LAW. 

Sec. 17. (Superseded by Section 12 of Chapter 116, P. L. 
1917, p. 250, Section 27 supra.) 

Note.— In State VS. Hand, 71 N. J. L. 137 (190b), defendant was indicted for the 
violation of this section which is known as the "Rough Cull Law." On review by the 
Supreme Court of his conviction the act was held sufficient to cover an alleged violation 
thereof where the basket of oysters for the test were taken from a part of such deck load 
which had been removed from the deck into the hold of the vessel before the officers in 
pursuit had reached the same. 

149. DREDGING ON STAKED-UP GROUND MISDEMEANOR. (P. 

L. 1903, p. 642.) 

Sec. 18. (Superseded by Section 166 post.) 

Note. — On the trial of an indictment under this section for unlawfully dredging 
oysters, the state need not prove that the oyster bed has been marked, buoyed, or staked 



70 Statute Law of New Jersey 

by or under the supervision of the state oyster commission. State vs. Lee, 70 N. J. L. 
368, affirmed 74 N. J. L. S52, and by the United States Supreme Court, Lee vs. State of 
New Jersey, 207 U. S. 67, where it was held that rights under the commerce clause of 
the federal constitution or under the fourteenth amendment are not infringed by this act. 
In State vs. Nelson, 65 N. J. L. 500, it was held that an indictment found under the 
section of the act of 1899 of which the above is an amendment, was not defective in its 
reference to the "southwest line." In State vs. Carson, 65 N. J. L. 502, an indictment 
under the same section was quashed because of failure to allege that the land under 
water on which the dredging took place was held under lease made by the state oyster 
commission. Owing to the difficulty of conviction under this section, a supplement was 
passed in 1905, and this section was superseded by Section 4 of that act. See Section 
166 2>ost. 

150. CLOSED SEASON. (P. L. 1901, p. 307.) 

Sec. 19. It shall be unlawful to have in possession, sell 
or offer for sale any oysters caught or taken from any nat- 
ural oyster bed or ground where oysters naturally spawn and 
grow, under the tidal waters of the Delaware river or Dela- 
ware Bay, above the said "southwest line," except from and 
including the first day of April to and including the fifteenth 
day of June of each year. 

Note. — See Section 20 supra. 

151. OYSTERS TO BE TAKEN BY DAYLIGHT ONLY. 

Sec. 20. (Superseded by act of March 4, 1918, P. L. p. 
780, Section 29 supra.) 

152. ARREST FOR VIOLATING OYSTER LAWS. 

Sec. 21. (Superseded by Section 170 post.) 

153. LICENSE REVOKED FOR VIOLATION. 

Sec. 22. (Superseded by Section 171 post.) 

154. PROHIBITIONS NOT REMOVED BY THIS ACT. 

Sec. 23. Nothing in this act shall be in anywise construed 
to authorize or allow any person or persons, boat or vessel, 
to engage or be employed in the business of taking, planting 
or cultivating oysters in the Delaware River, Delaware Bay 
or Maurice River Cove, or in any creek or river tributary 
thereto, in this state, who or which are prohibited from engag- 
ing or being employed in said business by laws of this state 
in force at the time of the adoption of this act. 



Relative to Shell Fish Industry 71 

155. title to land not confirmed hereby. 

Sec. 24. Nothing in this act shall be interpreted to 
strengthen, confirm or verify the title of any person to any 
lands lying under the tidal waters of the Delaware River or 
Delaware Bay, above the line running direct from the mouth 
of Straight Creek to Cross Ledge lighthouse, and commonly 
known as the "southwest line." 

156. PENALTY FOR VIOLATIONS. 

Sec. 25. Any person or persons violating any of the pro- 
visions of this act, or the provisions of any other law of this 
state regulating the taking, planting or cultivating of oysters 
in the Delaware River, Delaware Bay or Maurice River Cove, 
in force and not repealed by this act, shall be deemed guilty 
of a misdemeanor, and on conviction thereof shall be punished 
by a fine not exceeding one thousand dollars, or imprisonment 
in state prison not exceeding three years, or both, at the dis- 
cretion of the court. 

157. REPEALER. 

Sec. 26. All acts and parts of acts, general or special, in- 
consistent with the provisions of this act, are hereby repealed, 
and this act shall take effect immediately. 

Note. — In State vs. Corson 67 N. J. L. 178, it was held that the punishment pre- 
scribed for violation of this statute was not necessarily cruel or unusual because the act 
leaves the matter of the severity of the punishment entirely in the hands of the trial 
court, merely fixing a maximum beyond which the Court shall not go. 

158. MARKERS FOR OYSTER BEDS. PRICE. (P. L. 1900, p. 330.) 

Sec. 27. The state oyster commission appointed under 
the act to which this is a supplement, shall cause to be pre- 
pared official markers for all oyster grounds leased under the 
provisions of the act to which this is a supplement; such 
markers shall display the number of lease for the ground upon 
which the same is to be used and the number by which each 
ground is designated by the lease for the same; the size of 
such markers and material from which the same shall be made 
shall be determined by the said state oyster commission, and 



72 Statute Law of New Jersey 

the oyster superintendent shall furnish to all applicants there- 
for as many of such official markers as shall be required to 
set up, and fasten at least one thereof to each corner of each 
ground leased to such applicant; such markers shall be fur- 
nished to all applicants therefor prior to the sixteenth day 
of April, in the year nineteen hundred, free of charge, and 
after that date the same shall be furnished to applicants at 
a price sufficient to fully defray all expenses of procuring and 
delivering such official markers to said lessee. 

159. MARKERS MUST BE MAINTAINED. PENALTY FOR NEG- 

LECT. 

Sec. 28. Every person, firm or corporation who shall 
have obtained a lease or leases for oyster grounds under the 
provisions of the act to which this is a supplement, shall, on 
or before the fifteenth day of April, in the year nineteen hun- 
dred, cause to be fixed and fastened in some secure manner 
on the corner stakes above high-water mark of each oyster 
ground for which such person, firm or corporation shall have 
obtained a lease from said state oyster commission, at least 
one of the official markers of the description aforesaid, and 
shall keep and maintain the same, fixed and fastened above 
high-water mark as aforesaid at each corner of said oyster 
grounds, during the term of said lease and any renewal 
thereof; and if any lessee of any oyster ground aforesaid 
shall neglect or refuse to comply with the provisions of this 
section, said lessee or lessees shall, upon conviction thereof 
before any court of competent jurisdiction, be punished by a 
fine of not less than twenty-five dollars nor more -than one 
hundred dollars, at the discretion of the court. 

160. PENALTY FOR REMOVAL OF MARKERS BY LESSEE. 

Sec. 29. Every lessee of any oyster ground aforesaid who 
shall remove or suffer or permit any official marker to be 
removed from any corner of said oyster ground or grounds, 
or shall suffer or permit the corner or corners of said oyster 
ground or grounds from which the marker shall be removed, 
either with or without the said lessee's consent, to be and 



Relative to Shell Fish Industry 73 

remain without an official marker of the description herein 
set forth and fastened as hereinbefore provided for, for the 
space of thirty days after said official marker has been placed 
in position by the lessee, shall be deemed guilty of a violation 
of this act and punished by a fine of not less than twenty-five 
dollars, nor more than one hundred dollars, at the discretion 
of the court, to be sued for and recovered in any court having 
competent jurisdiction thereof. 

161. REMOVAL OR DEFACEMENT A MISDEMEANOR. 

Sec. 30. Any person or persons who shall wilfully deface 
or remove any of the official markers herein provided for and 
fixed and fastened to or upon any oyster ground or grounds, 
shall be guilty of a misdemeanor. 

162. COUNTERFEITING OF MARKER A FELONY. PENALTY. 

Sec. 31. It shall be unlawful for any person or persons 
to imitate or counterfeit the official marker provided for in 
this act or use the same knowing it to be imitated or counter- 
feited; any person violating the provisions of this section 
shall be deemed guilty of a felony and on conviction thereof 
shall be confined in the state's prison not less than one year 
nor more than three years. 

Note.— Query, Was this act repealed by Section 31, P. L. 1901, p. 319? See P. L. 
1900, p. 330 and P. L. 1900, p. 396. 

163. CLOSED SEASON ABOVE SOUTHWEST LINE. (P. L. 1905, 

p. 65.) 

Sec. 32. No oyster shall be dredged for, caught or taken 
from any of the lands lying under the tidal waters of the 
Delaware River, Delaware Bay or Maurice River Cove, above 
a line running direct from the mouth of Straight Creek to 
Cross Ledge lighthouse, and commonly known as the "south- 
west line," except from and including the first day of May to 
and including the thirtieth day of June of each year. 

Note. — See Section 20 supra. 



74 Statute Law of New Jersey 

164. possession of certain oysters unlawful. 

Sec. 33. It shall be unlawful to have in possession, sell 
or offer for sale any oysters caught or taken from any natural 
oyster bed or ground where oysters naturally spawn and grow 
under the tidal waters of the Delaware River, Delaware Bay 
or Maurice River Cove above the said "southwest line," except 
from and including the first day of May to and including the 
thirtieth day of June of each year. 

Note. — See Section 20 supra. 

165. CLOSED SEASON BELOW SOUTHWEST LINE. PROTECTION 

OF OYSTERS. 

Sec. 34. No oysters shall be dredged for, caught or taken 
from any of the lands lying under the tidal waters of the 
Delaware Bay and Maurice River Cove below a line running 
direct from the mouth of Straight Creek to Cross Ledge light- 
house, and commonly known as the "southwest line," at any 
time except from the first day of September to the thirtieth 
day of June then next, both inclusive, of each year; but the 
oyster superintendent or any member of the state oyster com- 
mission may, upon application, give permission, in writing, 
to any lessee or lessees of oyster grounds to employ such 
methods for the protection of his or their oysters on said 
grounds and for the promotion of the growth thereof during 
said closed season as the said superintendent or state oyster 
commission may deem advisable; but no oysters shall be 
permanently removed from said grounds during said closed 
season. 

166. TRESPASSING A MISDEMEANOR. 

Sec. 35. Any person or persons who shall hereafter 
dredge upon or throw, cast or drag an oyster dredge, or any 
other instrument or appliance used for catching oysters, upon 
any of the lands of the state lying under the tidal waters of 
the Delaware Bay or Maurice river cove, in this state, below 
the said "southwest line," other than land or ground for which 
such person or persons then hold a lease from the state oyster 
commission, under the act to which this is a supplement, or 



Relative to Shell Fish Industry 75 

the several acts amendatory thereof or supplementary thereto, 
shall be guilty of a misdemeanor. 

167. PERMISSION TO INSPECT UNLEASED LANDS. 

Sec. 36. The oyster superintendent, or any member of 
the state oyster commission, may, upon application, give per- 
mission, in writing, to any prospective lessee or lessees of any 
unleased oyster ground or grounds, to examine and inspect, 
with proper appliances, any of the unleased lands of the state, 
below said "southwest line" for the purpose of determining 
the suitability or adaptability of such lands for oyster culture 
or propagation, but no oysters shall be permanently removed 
from any such lands by virtue of any such permit. 

168. APPLICATION OF ACT. 

Sec. 37. None of the foregoing sections shall apply to 
any creek tributary to said Delaware Bay, Delaware River 
or Maurice River Cove, nor shall any of the foregoing pro- 
visions be construed to prohibit the taking at any time of 
oysters with rakes or forks on what is commonly known as 
the Cape Shore, in Cape May county. 

Note. — See Chapter 116, P. L. 1917, p. 250, as amended P. L. 1918; p. 7S1, Sections 
16 to 32 inclusive, supra. 

169. PENALTIES. 

Sec. 38. Any person violating any of the provisions of 
this act shall be guilty of a misdemeanor. 

170. RIGHT TO ARREST ON VIEW. 

Sec. 39. The members of the state oyster commission, the 
oyster superintendent and the several captains or masters of 
guard-boats, are hereby empowered, and it shall be their duty, 
on view, without special warrant issued for that purpose, to 
arrest any person engaged in the violation of any of the pro- 
visions of this act, or the provisions of any other law of this 
state regulating the taking, planting or cultivating of oysters 
in the Delaware River, Delaware Bay, or Maurice River Cove, 
in force and not repealed by this act. 



76 Statute Law of New Jersey 

171. revocation of license. 

Sec. 40. It shall be the duty of the state oyster commis- 
sion to revoke the license of any boat or vessel, the owner, 
captain, master or person in charge of which shall violate or 
cause or permit to be violated any of the provisions of this act, 
or the provisions of any other law of this state regulating 
the taking, planting or cultivating of oysters in the Delaware 
River, Delaware Bay or Maurice River Cove, in force and not 
repealed by this act; and said commission shall have power 
to refuse thereafter to allow any license to be issued to such 
boat or vessel for such period of time as the commission may 
fix and determine. 

172. REPEALER. 

Sec. 41. All acts and parts of acts inconsistent with this 
act are hereby repealed, and this act shall be deemed a public 
act and take effect immediately. 

173. LANDS EXEMPT FROM LEASE. PROVISO. (P. L. 1905, p. 

460.) 

Sec. 42. That hereafter no lease shall be made by the 
state oyster commission of the State of New Jersey for any 
lands under the waters of the Delaware Bay southwesterly 
of a line northwest from the mouth of Green Creek, Cape May 
county, to the intersection of such line with a line running 
direct from the mouth of Dennis Creek to Brandywine light- 
house; provided, however, that this prohibition shall not 
apply to any territory which was under lease from the state 
oyster commission of the State of New Jersey on the first day 
of February, one thousand nine hundred and five. 

174. PROVISIONS OF ACT EXTENDED TO RARITAN BAY DIS- 

TRICT BY SUPPLEMENT APPROVED MAY 25, 1905, P. L. 

p. 482. 

Sec. 1. The provisions of the act to which this act is a 
supplement, and also the provisions of an act entitled "An 
act for the better regulation and control of the taking, plant- 
ing and cultivating of oysters on lands lying under the tidal 



Relative to Shell Fish Industry 77 

waters of the Delaware Bay and Maurice River Cove, in the 
State of New Jersey," approved March twenty-fourth, one 
thousand eight hundred and ninety-nine, be and the same 
hereby are extended to certain lands lying under the tidal 
water of Raritan Bay, in the State of New Jersey, to-wit, 
lands comprehended by the following lines: Beginning at 
the watch-house at Canaskonk point, on the shore of Raritan 
Bay ; thence in a straight line to the government buoy, known 
as East Point buoy; thence on a true course west southwest 
to the point where said course intersects a line drawn on a 
course due north from Cliffwood point; thence on a true 
course south to Cliffwood point; thence along the shore line 
to the place of beginning. 

175. WHEN OYSTERS TAKEN. PROVISO. 

Sec. 2. It shall be lawful for the lessees of lands described 
in the next preceding section and lying under the tidal waters 
in Raritan Bay to catch and take oysters during all or any of 
the months of the year, and before sunrise and after sunset; 
provided, a special permit in writing is first had and obtained 
from the oyster superintendent. 

176. SALARY OF OYSTER SUPERINTENDENT. 

Sec. 3. In recognition of the increased work entailed 
upon the oyster superintendent by reason of the passage of 
this act, he shall hereafter receive additional compensation of 
salary, determined by the oyster commission, which shall not 
exceed thirteen hundred dollars per annum, and which shall 
be paid in equal monthly payments. 

177. FOUR OYSTER COMMISSIONERS. 

Sec. 4. Hereafter the oyster commission shall consist of 
four members instead of three, whose qualifications for office, 
appointment, compensation, salary and duties shall be the 
same in all respects as is provided in the act to which this 
act is a supplement. 

178. QUORUM. TERM. 

Sec. 5. Three members of said oyster commission shall 
constitute a quorum at any meeting thereof, and any official 



78 Statute Law of New Jersey 

act shall be valid which has been authorized by a majority of 
the commissioners at any stated or special meeting thereof. 
The oyster commissioners shall hereafter each be appointed 
for a term of three years, and the four members now consti- 
tuting the oyster commission shall continue to hold office dur- 
ing the term and time for which they have been respectively 
appointed. 

179. PROVISIONS OF ACT EXTENDED OVER ADDITIONAL 
LANDS BY SUPPLEMENT APPROVED APRIL 22, 1907, P. 
L. p. 185. 

Sec. 1. The provisions of the act to which this act is a 
supplement, and also the provisions of an act entitled "An 
act for the better regulation and control of the taking, plant- 
ing and cultivating of oysters on lands lying under the tidal 
waters of the Delaware Bay and Maurice River Cove, in the 
State of New Jersey," approved March twenty-fourth, one 
thousand eight hundred and ninety-nine, be and the same 
hereby are extended to certain lands lying under the tidal 
waters of Raritan Bay and Cheesequake Creek, in the State 
of New Jersey, to-wit: lands comprehended by the following 
lines : Beginning at the watch-house at Canaskonk point, on 
the shore of Raritan Bay; thence, in a straight line, to the 
government buoy, known as East Point buoy; thence, on a 
true course west southwest, to the south side of the boundary 
beacon ; thence, on a true course west northwest, to the south 
side of the Great Beds light; thence to Conover's point on 
the shore of Raritan Bay; thence along the shore line to 
Cheesequake Creek, including all of Cheesequake Creek and 
its tributaries, Travis Creek and Flat Creek ; thence from the 
government jetty at Cheesequake Creek along the shore line 
to the place of beginning. 

Note. — For cases relating specially to the oyster industry in Raritan Bay, see 
De Graff vs. Truesdale (18S7), 10 N. J. L. J. 90 and Brown vs. De Graff (1SSS), 50 N. 
J. L. J,09. 

All the powers and duties of the state oyster commission, oyster superintendent and 
other officials named in the foregoing acts, have been transferred to the Board of Shell 
Fisheries by the act of April 23, 1915, P. L. p. 734, Sections 1 to 15 supra. 



Relative to Shell Fish Industry 79 



VL ACTS RELATING EXCLUSIVELY TO ATLANTIC 

COUNTY. 

An Act for the better regulation and control of the 
taking, planting and cultivating of oysters and 
clams on lands lying under the tidal waters of the 
county of Atlantic, in the State of New Jersey. 

Approved March 30, 1905. 

180. ATLANTIC COUNTY OYSTER COMMISSION ESTABLISHED. 

(P. L. 1905, p. 145.) 

Sec. 1. (Superseded by Section 1 of Chapter 116, P. 
L. 1917, p. 250, as amended by Chapter 217, P. L. 1918, p. 
781, Section 16 supra.) 

181. oyster superintendent, salary, bond, duties. 

Sec. 2. The governor of this state shall appoint a person 
to be known as the oyster superintendent, who shall be a 
citizen of Atlantic county, to hold office for a term of three 
years, at an annual salary of one thousand dollars, and which 
shall be paid in equal monthly payments; before entering 
upon the duties of his office the oyster superintendent shall 
give bond to the state in the sum of five thousand dollars, 
with good and sufficient surety, conditioned for the faithful 
performance of his duties, which bond shall be first approved 
as to sufficiency by the law judge of the said county of 
Atlantic ; said bond shall be for the term of three years ; it 
shall be the duty of the state oyster commission to regulate 
and define the duties of the oyster superintendent, other than 
those duties specifically defined in this act. 

182. POWER AND DUTY OF COMMISSION. (Amended P. L. 1908, 

p. 464.) 

Sec. 3. The state oyster commission shall have power, 
and it shall be their duty to enforce the provisions of this act 



80 Statute Law of New Jersey 

and the provisions of all other acts regulating the taking, 
planting and cultivating, of oysters in the tidal waters of 
Atlantic county, in this state, in force and not repealed by 
this act, and in furtherance and not in limitation of the above 
provisions they shall have power to employ such surveyors, 
guards and other employes as they may deem necessary, and 
to provide guard-boats and a sufficient number of men to 
protect all oyster beds and grounds in the tidal waters of 
said county of Atlantic, in this state; and to incur such 
expenses as they may consider proper to fully carry out the 
provisions of this and the said other acts, and for the preser- 
vation and improvement of the said oyster beds or grounds; 
they shall, however, before leasing any grounds set apart a 
portion of the lands under the tidal waters of the county of 
Atlantic, to be known and held as public clam grounds, and 
all natural seed beds, and any other lands under the tidal 
waters of the county of Atlantic, which the commissioners 
shall consider suitable and necessary for the improvement, 
preservation and extension of the seed beds or propagating 
grounds. No oysters shall be taken in any manner whatsoever 
from any natural seed beds, grounds or other lands under the 
tidal waters of the county of Atlantic which the commissioners 
have heretofore or may hereafter set apart as suitable and 
necessary for the improvement, preservation and extension of 
the seed beds and propagating grounds, except from and 
including the first day of October of any year to and including 
the thirtieth day of April of each succeeding year. 

183. OFFICE. 

Sec. 4. The state oyster commission shall establish and 
maintain an office within the county of Atlantic, at some place 
convenient to persons engaged in the oyster industry, which 
office shall also be the office of the oyster superintendent; 
stated meetings of the state oyster commission shall be held 
at their office at least once a month. 

184. POWER TO LEASE LANDS UNDER WATER. 

Sec. 5. (Superseded by Sections 1 and 2 of Chapter 116, 
P. L. 1917, p. 250, as amended, Sections 16 and 17 supra.) 



Relative to Shell Fish Industry 81 

185. terms of lease. cancellation for non-payment 

OF RENT. 

Sec. 6. (Superseded by Sections 1 and 2 of Chapter 116, 
P. L. 1917, p. 250, as amended, Sections 16 and 17 supra.) 

186. WHO ENTITLED TO LEASE. PROVISO. RENEWAL OF 

LEASE. 

Sec. 7. Any person or persons having, on the fifteenth 
day of September, anno domini one thousand nine hundred 
and one, ground or grounds staked up in said tide-waters of 
Atlantic county under any present law, usage or custom, shall 
be first entitled to apply for and receive a lease or leases for 
such ground or grounds ; provided, application therefor, in 
writing, be filed at the office of the state oyster commission 
within sixty days after this act shall take effect, in default 
of which application the commission shall have power there- 
after to lease such ground or grounds to any resident of this 
state, as above provided, and at the expiration of the term of 
any lease the same shall be renewed to the original lessee or 
lessees ; provided, such lessee or lessees apply therefor within 
sixty days from the expiration of the term of such lease ; and 
if application for any lease or renewal thereof for ground or 
grounds named in this section is not filed within the time lim- 
ited the state oyster commission shall fix a time within which 
the oysters upon said ground or grounds shall be removed by 
the person or persons owning said oysters, and shall cause 
notice of said time so fixed to be at once personally served 
upon said person or persons, and the said ground or grounds 
shall not be leased to others until after the expiration of the 
time so fixed; provided, that this section shall not apply to 
any lands set apart as seed beds or propagating grounds, as 
provided for in section three of this act. 

187. LANDS TO BE SURVEYED AND MAPPED. 

Sec. 8. (Superseded by Section 3 of Chapter 116, P. L. 
1917, p. 250, Section 18, supra.) 



82 Statute Law of New Jersey 

188. title not confirmed. 

Sec. 9. Nothing in this act shall be interpreted to 
strengthen, confirm or verify the title of any person to any 
lands excepted from leasehold by the provisions of section five 
of this act; provided, however, that any person who has held 
and planted grounds within the limits therein excepted shall 
be granted one year's time from June first, one thousand nine 
hundred and five, in which to remove said oysters and cultch 
planted thereon by him. 

10. Amended P. L. 190S ,p. 466; repealed April 11, 1910, P. L. 39S. 

189. APPLICATION TO BE MADE UNDER OATH. 

Sec. 11. (Superseded by Section 4, Chapter 116, P. L. 
1917, p. 250, Section 19 supra.) 

190. UNEXPIRED LICENSES OF SHELL COMMISSION. 

Sec. 12. All unexpired licenses issued by the state oyster 
shell commission previous to the time when this act shall take 
effect shall remain in full force and virtue for the unexpired 
terms thereof, and shall have the same force and effect as 
licenses issued by the oyster superintendent. 

191. LIST OF UNEXPIRED LICENSES. 

Sec. 13. The secretary of the state oyster shell commis- 
sion is hereby required, within fifteen days after this act 
shall take effect, to prepare and deliver to the said oyster 
superintendent a written or printed statement showing the 
names of all persons previously licensed by said shell commis- 
sion within the bounds of Atlantic county whose licenses shall 
not then have expired, which statement shall also show the 
numbers of the said licenses issued by them. 

192. RECEIPTS PAYABLE TO STATE. 

Sec. 14. All money due for ground rentals, license fees or 
otherwise, made collectible under the provisions of this act, 
shall be received and collected by the oyster superintendent, 
for the sole use of the State of New Jersey, as public money 
belonging to the state, and shall be accounted for and paid 
over as such in manner hereinafter provided. 



Relative to Shell Fish Industry 83 

193. monthly reports to comptroller. 

Sec. 15. The oyster superintendent shall keep an account 
of all fees and moneys received by him pursuant to the pro- 
visions of this act for the use of the state, and shall, on or 
before the tenth day of each month, make a full itemized state- 
ment and return, verified by oath to the comptroller, of all 
moneys collected or received, as aforesaid, upon blank con- 
taining 1 form of the said statement and oath, to be furnished 
to the oyster superintendent by the comptroller, and the said 
statements shall be filed in the office of the comptroller, there 
to remain as public records; said statements shall be audited 
forthwith by said comptroller, and on or before the fifteenth 
day of each month said oyster superintendent shall pay over 
the amount of such money received to the state treasurer ; he 
shall also make detailed monthly reports, verified by oaths, to 
the state oyster commission of all moneys collected or received 
by him; all bills incurred by the state oyster commission in 
carrying out the provisions of this act shall be certified by the 
state oyster commission to the state comptroller monthly for 
payment, and he shall draw his warrant on the state treasurer 
therefor; provided, however, that any excess of such receipts 
over the expenditure for any fiscal year shall, for the purpose 
of this act, be accounted as receipts of the next succeeding 
fiscal year; provided further, that the provisions of this sec- 
tion shall not apply to any money appropriated by the legisla- 
ture for survey purposes. 

194, UNLEASED LANDS NOT TO BE USED. (P. L. 1908, p. 444.) 

Sec. 16. No oysters or clams shall be planted upon, 
tonged for, raked or taken from any of the unleased lands of 
the state under the tidal waters of the county of Atlantic; 
provided, that this section shall not prevent the taking of 
seed oysters from the lands set apart for state seed beds and 
grounds from and including the first day of October of any 
year to and including the thirtieth day of April of each suc- 
ceeding year; provided further, that this section shall not 
prevent the taking of clams from the grounds set apart for 



84 Statute Law of New Jersey 

clamming purposes. No oysters shall be taken from any state 
seed beds and grounds, except between sunrise and sunset. 

195. ROUGH CULL LAW. 

Sec. 17. (Superseded by Section 12 of Chapter 116, P. L. 
1917, p. 250, supra Section 27.) 

196. POWER TO ARREST WITHOUT WARRANT. 

Sec. 18. The members of the state oyster commission, the 
oyster superintendent and the several captains or masters of 
guard-boats are hereby empowered, and it shall be their duty 
on view, without special warrant issued for that purpose, to 
arrest any person engaged in the violation of any of the pro- 
visions of this act, or the provisions of any other law of this 
state regulating the taking, planting or cultivating of oysters 
in the tidal waters of said county of Atlantic in force and not 
repealed by this act. 

197. REVOCATION OF LICENSE. 

Sec. 19. It shall be the duty of the state oyster commis- 
sion to revoke the license of any person who shall violate, or 
cause to be violated any of the provisions of this act, or any 
other law of this state regulating the taking, planting or culti- 
vating of oysters in the tidal waters of said county of Atlantic 
in force and not repealed by this act; and said commission 
shall have power to refuse thereafter to allow any license to 
be issued to such person for such period of time as the com- 
mission may fix and determine. 

198. PROHIBITED PERSONS AND BOATS. 

Sec. 20. Nothing in this act shall in any wise be con- 
strued to authorize or allow any person or persons, boat or 
vessel to engage or be employed in the business of taking, 
planting or cultivating oysters in the tidal waters of Atlantic 
county, or any creek or river tributary thereto, in this state, 
who or which are prohibited from engaging or being employed 
in said business by laws of this state in force at the time of 
the adoption of this act. 



Relative to Shell Fish Industry 85 

199. exclusive rights in leased lands. (p. l. 1905, p. 145, 

as amended by P. L. 1910, p. 405.) 

Sec. 21. No person or persons other than the lessee or 
lessees thereof, without the consent of such lessee or lessees 
first had and obtained, shall go upon, tong, dredge, take or 
remove any shell-fish whatsoever, soil or other material from 
the surface of the grounds or lands leased as hereby provided 
lying under said tidal waters, nor interfere wirh the posses- 
sion and use of said grounds or lands by the said lessee or 
lessees, and no person or persons shall pass, throw or use a 
dredge upon any of the unleased oyster grounds of this state 
under the tidal waters of the county of Atlantic; provided, 
that any person or persons holding planted oyster ground or 
land leased from said State Oyster Commission may dredge 
upon his, her or their own leased ground or land. 

200. PENALTY FOR VIOLATION OF ACT. 

Sec. 22. Any person or persons violating any of the pro- 
visions of this act, or the provisions of any other law of this 
state regulating the taking, planting or cultivating of oysters 
in the tidal waters of said county of Atlantic in force and not 
repealed by this act, shall be deemed guilty of misdemeanor, 
and on conviction thereof shall be punished by a fine not 
exceeding one thousand dollars, or imprisonment in state 
prison not exceeding five years, or both, at the discretion of 
the court. 

201. REPEALER. 

Sec. 23. All acts and parts of acts, general or special, in- 
consistent with the provisions of this act are hereby repealed, 
and this act shall take effect immediately. 



86 Statute Law of New Jersey 

An Act regulating and controlling the taking, planting, 
propagating and cultivating of oysters and clams on 
lands lying under the tidal waters of certain por- 
tions of the tuckahoe, middle and great egg harbor 
Rivers and Patcong Creek and other tributaries of 
the tuckahoe, middle and great egg harbor rivers, 
which portions lie, however, within the boundaries 
of Atlantic county, in the State of New Jersey. 

Approved April 11, 1910. 

202. CERTAIN LANDS MAY BE LEASED. (P. L. 1910, p. 401, as 
amended by P. L. 1915, p. 380.) 

Sec. 1. The State Oyster Commission having control of 
such land lying under the tide-waters of such portions of the 
Tuckahoe River and tributaries thereof as shall lie within the 
boundaries of Atlantic county, of Middle River and the trib- 
utaries thereof and of .Great Egg Harbor River, and the trib- 
utaries thereof, above a line drawn from a point on the south- 
west side of Tuckahoe River known as Broad Reach Point, 
thence northeasterly to a point in Great Egg Harbor River 
on the northwest bank thereof, opposite the upper point of 
Upper Nuckerson island, thence southeasterly across Great 
Egg Harbor River to Huges Point and of Patcong Creek in 
Atlantic county above or northwardly from a line drawn from 
South Point on the west bank to the southerly point of Doles 
island in said creek, shall have power and are hereby directed 
to lease to applicants thereof any of the lands of the State 
lying under the above sections of the aforesaid tidal waters; 
said lands so leased to be exclusively enjoyed by such lessee or 
lessees for the taking, planting, propagating and cultivating 
of oysters, the provisions of any act of the Legislature of New 
Jersey relating to or respecting the regulation and control of 
the taking, planting, propagating and cultivating of oysters 
and clams on lands lying under the above portions of the 
above tidal waters to the contrary notwithstanding; said 
leases, however, to be issued under and subject to the follow- 
ing conditions and limitations, to-wit : 

(a) No lease shall be for a period exceeding ten years, but 



Relative to Shell Fish Industry 87 

each lessee or lessees, however, shall have the right to one 
renewal of his or their lease for a period not exceding ten 
years and no lease shall be made for less than two acres. Any 
lessee or lessees, may at any time transfer his or their lease 
to any person or persons. 

(b) There shall be charged and paid for such lease an 
annual rental of two dollars per acre, payable for the first 
year when lease is granted and for each succeeding year 
within thirty (30) days after the beginning of said year, and 
in case of the failure to pay said rental, such lease shall be 
forfeited and void and such lands shall again be leased as 
hereby provided for; provided, hoivever, that no lease shall 
be forfeited by failure to perform any conditions required by 
this act until said commission shall have first given the lessee 
or lessees an opportunity to be heard thereon after notice as 
hereinafter provided for. 

(c) In case any lessee or lessees fails to plant, work or 
otherwise improve the grounds leased within one year from 
date of such lease, or fails, neglects or refuses to plant, work 
or otherwise improve the grounds leased for two consecutive 
years at any time during the continuance of said lease, then 
such lease shall become forfeited and void and such lands be 
again leased as hereby provided for. 

(d) No lease shall be made to any person not a resident 
of the State of New Jersey for at least one year prior to such 
leasing. Violations of this section shall constitute a forfeiture 
of such lease. 

(e) Nothing in this act shall be construed to give said 
commissioners any jurisdiction or control over any lands to 
which the riparian grant has been made by the Riparian 
Commissioners of this state. 

203. REPEALED. 

Sec. 2. Repealed April 8, 1915. P. L. 382. 

204. FISHERY RIGHTS PROTECTED. 

Sec. 3. Nothing herein shall be construed so as to modify, 
change or interfere with any right of fishing in said tidal 



88 Statute Law of New Jersey 

waters and no such lease shall abrogate or destroy any such 
fishing right now existent and upon which taxes are now paid= 
This act shall in no way affect leases heretofore made under 
the laws of this state for lands to be used for the planting of 
oysters and no lease made for such planting grounds to any 
person shall prevent such person from securing leases under 
this act. 

205. LAWS APPLICABLE. 

Sec. 4. The provisions of the laws of the state respecting 
the state oyster commission and state oyster superintendent 
now established in Atlantic county respecting and relating to 
the giving of notice of intended forfeiture of leases, removal 
of oysters and clams from forfeited grounds, measuring, 
locating, and mapping of leased grounds, recording of leases, 
form of application, payment of rentals to the state, arrest 
for violations of the provisions of this act, shall apply to the 
proceedings and acts required and permitted to be done by 
this act when not inconsistent with the provisions hereof ; and 
the provisions of this act shall be applicable to all lands under 
the sections of the tidal waters first herein set forth, notwith- 
standing the setting apart heretofore of any such lands or 
part thereof as public clam grounds. Every applicant shall 
deposit with his application such sum not exceeding the rental 
thereof as the state oyster commission shall determine, and 
if the applicant fails to accept such lease such sum so deposited 
shall be applied to the payment of costs of surveying and 
locating tract applied for. 

206. EXCLUSIVE RIGHT TO LEASED GROUND. PENALTY FOR 

VIOLATION. (P. L. 1910, p. 401, as amended by P. L. 1915, 
p. 382.) 

Sec. 5. No person other than the lessee or lessees thereof 
without the consent of such lessee or lessees shall go upon, 
tong, dredge, take or remove any shell-fish whatsoever, soil, or 
other materials from the surface of the beds or lands leased 
as hereby provided, lying beneath said tidal waters, nor inter- 
fere with the possession and use of said lands by said lessee 



Relative to Shell Fish Industry 89 

or lessees and any person violating any of the provisions of 
this act shall be deemed guilty of a misdemeanor, and on con- 
viction thereof shall be punished by a fine not exceeding one 
thousand dollars, or imprisonment in the State Prison not 
exceeding five (5) years, or both, at the discretion of the 
court. 

Note. — AH the powers and duties of the officials named in the acts under the fore- 
going subdivision have been transferred to the Board of Shell Fisheries by the act of 
April 23, 1915. P. L. p. 73k, Sections 1 to 15 supra and substantially all the provisions 
of this act of April 11, 1910, have been superseded by Chapter 116, P. L. 1917, p. 250, 
as amended by Chapter 217, P. L. 191S, p. 7S1, Sections 16 to 32 supra. 

This act is constitutional and a lease of oyster lands executed thereunder is valid. 
Smith vs. W Metis, 81 N. J. L. S70. 



VII. ACTS RELATING EXCLUSIVELY TO OCEAN 

COUNTY. 

An Act to protect the planting and cultivating of oys- 
ters IN THE TIDE-WATERS OF THE COUNTY OF OCEAN. 

Approved May 11, 1886. 

207. RIGHT TO USE GROUNDS UNDER TIDE-WATER IN OCEAN 
COUNTY FOR CULTIVATION OF OYSTERS CONFIRMED. 
(P. L. 1886, p. 343.) 

Sec. 1. That any person or persons, citizens of this state, 
now or hereafter holding, using or occupying any grounds 
lying under the tide-waters of the county of Ocean, for the 
planting or cultivating of oysters thereon, not now known 
and recognized as natural oyster-seed beds, from which there 
is now gathered seed or young oysters for planting purposes, 
shall be confirmed in their holding or right to use such grounds 
for the purpose of planting and cultivating of oysters, and 
the oysters planted and growing thereon shall be the personal 
property of the person or persons holding, using or occupying 
the grounds as aforesaid; provided, the said grounds shall 
have been marked by proper stakes, buoys or suitable monu- 



90 Statute Law of New Jersey 

merits, and oysters shall have been actually planted upon the 
grounds so marked off. 

208. AUTHORITY TO PLANT OYSTERS. PENALTY. 

Sec. 2. That upon the grounds now or hereafter held, 
used or occupied as aforesaid, the person or persons holding, 
using or occupying the same may plant, cultivate and gather 
oysters; they may shell said grounds and gather the oysters 
that may grow thereon, and all oysters on said grounds shall 
be deemed and taken to be their personal property ; and every 
person or persons who shall gather, catch or take oysters, 
clams or shells from any lot of ground held, used or occupied 
as aforesaid, without the permission of the person or persons 
holding, using or occupying the same, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof shall be fined 
in a sum not greater than one hundred dollars, or be confined 
in the county jail for a period not exceeding six months, or 
both, at the discretion of the court. 

209. CLAM GROUNDS RESERVED. 

Sec. 3. That no grounds now used and set apart for 
clamming purposes in said county shall be occupied and used 
for the purpose of planting or cultivating oysters. 

210. STAKES NOT TO IMPEDE NAVIGATION. 

Sec. 4. That all stakes used for the purpose aforesaid 
shall be elastic and yielding, and shall not impede navigation 
nor interfere with the drawing of seines in any place now 
established and customarily used for seine fishing. 

211. WHO DEEMED TRESPASSERS. PLANTED OYSTERS FOR- 

FEITED. 

Sec. 5. That any person or persons who shall plant oysters 
upon any of the natural oyster beds lying under the waters 
aforesaid, now known and recognized as natural oyster beds, 
and from which there is now gathered seed or young oysters 
for planting purposes, shall be deemed trespassers, and such 
planted oysters shall be forfeited to the public, who shall have 



Relative to Shell Fish Industry 91 

the right and privilege of going upon said beds and taking 
said planted oysters and converting the same to their own use 
at any time when it is now lawful to take oysters from said 
natural beds. 

212. NO TITLE AGAINST STATE. 

Sec. 6. That nothing in this act contained shall give any 
person or persons the right or title to any of said lands as 
against the state, and the state may at any time alter or repeal 
this law, or the riparian commissioners may make grants the 
same as if this act had not been passed. 



An Act for the better regulation and control of the 
taking, planting and cultivating of oysters and clams 
on lands lying under the tidal waters of the county 
of Ocean, in the State of New Jersey. 

Approved March 26, 1902. 

213. OCEAN COUNTY OYSTER COMMISSION ESTABLISHED. (P. 

L. 1902, p. 170.) 

Sec. 1. (Superseded by Section 1 of Chapter 116, P. 
L. 1917 p. 250, as amended by Chapter 217, P. L. 1918, p. 
781, Section 16 supra.) 

214. OYSTER SUPERINTENDENT. TERM. SALARY. BOND. 

DUTIES. (P. L. 1909, p. 293.) 

Sec. 2. The Governor of this state shall appoint a person 
to be known as the oyster superintendent, who shall hold his 
office for a term of three years and until his successor is 
appointed and qualified, at an annual salary of one thousand 
dollars, and which shall be paid in equal monthly payments; 
before entering upon the duties of his office, the oyster super- 
intendent shall give bond to the state in the sum of five thou- 



92 Statute Law of New Jersey 

sand dollars with good and sufficient surety, conditioned for 
the faithful performance of his duties, which bond shall be 
first approved as to sufficiency by the law judge of the said 
county of Ocean; said bond shall be renewed annually. It 
shall be the duty of the state oyster commission to regulate 
and define the duties of the oyster superintendent, other than 
those duties specifically defined in this act. 

215. POWERS AND DUTIES OF COMMISSION. (P. L. 1902, p. 170.) 

Sec. 3. The state oyster commission shall have power, 
and it shall be their duty to enforce the provisions of this 
act, and the provisions of all other acts regulating the taking, 
planting or cultivating of oysters in the tidal waters of Ocean 
county, in this state, in force and not repealed by this act, and 
in furtherance and not in limitation of the above provision 
they shall have power to employ such surveyors, guards and 
other employes as they may deem necessary; and to provide 
guard-boats and a sufficient number of men to protect all oys- 
ter beds and grounds in the tidal waters of said county of 
Ocean, in this state ; and to incur such expenses as they may 
consider proper to fully carry out the provisions of this and 
the said other acts, and for the preservation and improvement 
of the said oyster beds or grounds ; they shall, however, before 
leasing any grounds set apart a portion of the lands under 
the tidal waters of the county of Ocean, to be known and held 
as public clam grounds. 

216. OFFICE. 

Sec. 4. The state oyster commission shall establish and 
maintain an office within the county of Ocean, at some place 
convenient to persons engaged in the oyster industry, which 
office shall also be the office of the oyster superintendent; 
stated meetings of the state oyster commission shall be held 
at their office at least once a month. 

217. COMMISSION EMPOWERED TO LEASE LANDS. 

Sec. 5. (Superseded by Sections 1 and 2 of Chapter 116, 
P. L. 1917, p. 250, as amended by Chapter 217, P. L. 1918, p. 
781, Sections 16 and 17 supra.) 



Relative to Shell Fish Industry 93 

218. terms of rental. cancellation of lease. 

Sec. 6. (Superseded by Sections 1 and 2 of Chapter 116, 
P. L. 1917, p. 250, as amended by Chapter 217, P. L. 1918, p. 
781, Sections 16 and 17 supra.) 

219. FIRST RIGHT TO LEASE. PROVISO. 

Sec. 7. Any person or persons having, on the fifteenth 
day of September, anno domini one thousand nine hundred 
and one, ground or grounds staked up in said tide-waters of 
Ocean county under any present law, usage or custom, shall 
be first entitled to apply for and receive a lease or leases for 
such ground or grounds; provided, application therefor, in 
writing, be filed at the office of the state oyster commission 
within sixty days after this act shall take effect, in default of 
which application the commission shall have power thereafter 
to lease such ground or grounds to any resident of this state, 
as above provided; and at the expiration of the term of 
any lease the same shall be renewed to the original lessee or 
lessees ; provided, such lessee or lessees apply therefor within 
sixty days from the expiration. of the term of such lease; and 
if application for any lease or renewal thereof for ground or 
grounds named in this section is not filed within the time lim- 
ited, the state oyster commission shall fix the time within 
which the oysters upon said ground or grounds shall be 
removed by the person or persons owning said oysters, and 
shall eause notice of said time so fixed to be at once personally 
served upon said person or persons, and the said ground or 
grounds shall not be leased to others until after the expiration 
of the time so fixed. 

220. SURVEYS AND MAPS. 

Sec. 8. (Superseded by Section 3 of Chapter 116, P. L. 
1917, p. 250, Section 18, supra.) 

221. TITLE TO LANDS NOT CONFIRMED. PROVISO. 

Sec. 9. Nothing in this act shall be interpreted to 
strengthen, confirm or verify the title of any person to any 



94 Statute Law of New Jersey 

lands excepted from leaseholds by the provisions of section 
nve of this act; provided, however, that any person who has 
held and planted grounds within the limits therein excepted 
shall be granted two years' time from June first, one thousand 
nine hundred and two, in which to remove said oysters and 
cultch planted thereon by him. 

222. REPEALED. 

Sec. 10. Amended P. L. 1903, p. 638; repealed April 1, 
1910, P. L. p. 99. 

223. QUALIFICATIONS OF LESSEE AND LICENSEE. 

Sec. 11. The state oyster commission, before issuing any 
lease to any person as provided for in this act, shall cause the 
person applying for said lease to make and file with them an 
oath that he is a citizen and actual resident of this state, and 
has been for twelve months next preceding such application, 
and that he will properly plant or cause to be planted and cul- 
tivate oysters thereon; and the oyster superintendent, before 
issuing any license to any person to catch oysters or engage 
in the oyster business shall cause the person applying for such 
license to make and file with him an oath that he is a citizen 
and actual resident of this state, and has been for twelve 
months next preceding said application ; such oaths may be 
made and taken by and before the several members of the 
state oyster commission and the said oyster superintendent; 
and the state oyster commission shall have power to revoke 
any lease or license issued by reason of any false oath. 

Note. — See Section 4 of Chapter 116, P. L. 1917, p. 250, Section 19 supra. 

224. LICENSES OF SHELL COMMISSION TO REMAIN IN FORCE. 

Sec. 12. All unexpired licenses issued by the state oyster 
shell commission previous to the time when this act shall take 
effect, shall remain in full force and virtue for the unexpired 
terms thereof, and shall have the same force and effect as 
licenses issued by the oyster superintendent. 



Relative to Shell Fish Industry 95 

225. list of licenses to be furnished oyster super- 

intendent. 

Sec. 13. The secretary of the state oyster shell commis- 
sion is hereby required, within fifteen days after this act 
shall take effect, to prepare and deliver to the said oyster 
superintendent, a written or printed statement showing the 
names of all persons previously licensed by said shell com- 
mission within the bounds of Ocean county whose licenses shall 
not then have expired ; which statement shall also show the 
numbers of the said licenses issued by them. 

226. FEES AND RENTS COLLECTIBLE. PAYABLE TO STATE. 

Sec. 14. All moneys due for ground rentals, license fees 
or otherwise made collectible under the provisions of this act, 
shall be received and collected by the oyster superintendent, 
for the sole use of the State of New Jersey, as public money 
belonging to the state, and shall be accounted for and paid 
over as such in manner hereinafter provided. 

227. REPORTS TO COMPTROLLER AND COMMISSION. (P. L. 1903, 

p. 638.) 

Sec. 15. The oyster superintendent shall keep an account 
of all fees and moneys received by him pursuant to the provi- 
sions of this act, for the use of the state, and shall, on or before 
the tenth day of each month, make a full itemized statement 
and return, verified by oath, to the comptroller, of all money 
collected or received as aforesaid, upon blank containing form 
of the said statement and oath, to be furnished to the oyster 
superintendent by the comptroller, and the said statements 
shall be filed in the office of the comptroller, there to remain 
as public records; said statements shall be audited forthwith 
by said comptroller, and on or before the fifteenth day of each 
month said oyster superintendent shall pay over the amount 
of such money received to the state treasury; he shall also 
make detailed monthly reports, verified by oath, to the state 
oyster commission of all moneys collected or received by him ; 
all bills incurred by the state oyster commission in carrying 



95 Statute Law of New Jersey 

out the provisions of this act shall be certified by the state 
oyster commission to the state comptroller monthly, for pay- 
ment, and he shall draw his warrant on the state treasury 
therefor ; provided, however, that any excess of such receipts 
over the expenditure for any fiscal year shall, for the purpose 
of this act, be accounted as receipts of the next succeeding 
fiscal year; provided, further, that the provisions of this 
section shall not apply to any money appropriated by the 
legislature for survey purposes. 

228. TONGING IN OCEAN COUNTY. (P. L. 1903, p. 638.) 

Sec. 16. No oysters or clams shall be tonged for, raked, 
or taken from any of the unleased lands of the state under 
tidal waters of the county of Ocean, provided, that this section 
shall not prevent the taking of seed oysters from the lands set 
apart for state seed beds from and including the first day of 
October to and including the thirtieth day of April of each 
year ; provided further, that this section shall not prevent the 
taking of clams from the grounds set apart for clamming pur- 
poses ; no oysters shall be taken from any leased lands or 
state seed beds except between sunrise and sunset. 

229. ROUGH CULL LAW. 

Sec. 17. (Superseded by Section 12 of Chapter 116, P. L. 
1917, p. 250, Section 27 supra.) 

230. POWER OF ARREST. 

Sec. 18. The members of the state oyster commission, 
the oyster superintendent and the several captains or masters 
of guard-boats are hereby empowered, and it shall be their 
duty, on view, without special warrant issued for that pur- 
pose, to arrest any person engaged in the violation of any of 
the provisions of this act or the provisions of any other law 
of this state regulating the taking, planting or cultivating of 
oysters in the tidal waters of said county of Ocean, in force 
and not repealed by this act. 



Relative to Shell Fish Industry 97 

231. LICENSE MAY BE REVOKED. 

Sec. 19. It shall be the duty of the state oyster commis- 
sion to revoke the license of any person who shall violate or 
cause to be violated any of the provisions of this act or the 
provisions of any other law of this state regulating the taking, 
planting or cultivating of oysters in the tidal waters of said 
county of Ocean in force and not repealed by this act; and 
said commission shall have power to refuse thereafter to allow 
any license to be issued to such person for such period of time 
as the commission may fix and determine. 

232. CONSTRUCTION OF ACT. 

Sec. 20. Nothing in this act shall be in anywise construed 
to authorize or allow any person or persons, boat or vessel, to 
engage or be employed in the business of taking, planting 
or cultivating oysters in the tidal waters of Ocean county, or 
any creek or river tributary thereto, in this state, who or 
which are prohibited from engaging or being employed in said 
business, by laws of this state in force at the time of the adop- 
tion of this act. 

233. NO DREDGING ON UNLEASED GROUNDS. 

Sec. 21. No person or persons shall cast, throw or use a 
dredge upon any of the unleased oyster grounds of this state 
under the tidal waters of the county of Ocean ; provided, that 
any person holding planted oyster land leased from said state 
oyster commission may dredge upon his own leased land. 

234. PENALTY FOR VIOLATING ACT. 

Sec. 22. Any person or persons violating any of the pro- 
visions of this act, or the provisions of any other law of this 
state regulating the taking, planting or cultivating of oysters 
in the tidal waters of said county of Ocean, in force and not 
repealed by this act, shall be deemed guilty of misdemeanor, 
and on conviction thereof shall be punished by a fine not 
exceeding one thousand dollars, or imprisonment in state 
prison not exceeding five years, or both, at the discretion of 
the court. 



98 Statute Law of New Jersey 

235. repealer. 

Sec. 23. All acts and parts of acts, general or special, 
inconsistent with the provisions of this act, are hereby 
repealed, and this act shall take effect immediately. 

236. PENALTY FOR TONGING WITHOUT PERMISSION. (P. L. 

1905, p. 337.) 

Sec. 24. No person or persons shall hereafter use any 
dredge, tongs or rake upon any lands leased to any one under 
the provisions of the act to which this is a supplement, except 
the lessee or lessees thereof, without permission of the lessee 
or lessees thereof, and any one affending against the pro- 
visions of this supplement is hereby liable to the penalty 
prescribed in section twenty-two of the act to which this is 
a supplement. 

Note. — For cases citing and construing the Ocean County acts, see State vs. Parker, 
r,7 N. J. L. 360; State VS. Price, 71 N. J. L. 249; McCarter vs. Oyster Company, 78 
N. J. L. 394; State vs. Boiler, 47 Fed. Rep. 415. 

All the powers and duties of the oyster commission, oyster superintendent and other 
officials designated in this act are transferred to the Board of Shell Fisheries, by act 
of April 23, 1915, P. L. p. 734, Sections 1 to 15 supra. 



VIII. ACTS RELATING EXCLUSIVELY TO SHARK 

RIVER. 

An Act for the regulation, protection and control of 
the planting, cultivating and the gathering or 
taking of oysters and clams on lands covered with 
water in Shark River, in the county of Monmouth. 

Approved March 7, 1905. 

237. SHARK RIVER CLAM AND OYSTER DISTRICT ESTAB- 
LISHED. (P. L. 1905, p. 27.) 
Sec. 1. (Superseded by Section 1 of Chapter 116, P. 
L. 1917, p. 250, as amended by Chapter 217, P. L. 1918, p. 
78 J, Section 16 supra.) 



Relative to Shell Fish Industry 99 

238. surveys and maps adopted. further surveys. 

Sec. 2. The surveys and maps heretofore made of said 
land and the stakes set under the provisions of the act referred 
to in the first section of this act shall be and hereby are 
adopted for the purpose of leasing the same under this act, 
as hereinafter provided, by the said commissioner, and the 
same shall be leased by him in accordance therewith, that is 
to say, by the tract or parcel indicated thereon and thereby; 
but should any of said land not have been surveyed, mapped 
or staked under the provisions of said act said commissioner 
shall proceed to have the same done, the expense thereof to 
be defrayed out of the rentals by him received as hereinafter 
provided ; the commissioners appointed under the act to which 
reference is made in the first section hereof shall turn over 
and deliver to the commissioner appointed under this act all 
the maps, surveys, leases and records in their possession relat- 
ing to said land and their duties under said prior act. 

239. LEASES. TERMS. FORFEITURE FOR NON-PAYMENT OF 

RENT. 

Sec. 3. (Superseded by Section 2 of Chapter 116, P. L. 
1917, p. 250, Section 17 supra.) 

240. PRIOR RIGHTS OF PRESENT LESSEES. REMOVAL OF 

CLAMS AND OYSTERS. 

Sec. 4. Any person or persons in possession of any of 
the tracts or parcels of land included within the boundaries 
set forth in the first section of this act, under a lease or leases 
heretofore executed under the provisions of the act to which 
reference is therein made, and the supplements and amend- 
ments to said act, shall, at the expiration of such lease or leases 
(for which time the rights and privileges under which lease 
or leases are hereby preserved to such person or persons), and 
upon a resale of said tracts or parcels of land by the said 
commissioner under the next preceding section of this act, 
have the preference, or prior right, to a new lease or leases 
therefor at the annual rental or rentals which may be bid 
therefor, if the same shall be put up at public auction, or at 



100 Statute Law of New Jersey 

private contract, if that method shall be pursued by said com- 
missioner; provided, that application therefor, in writing, be 
filed with the said commissioner within thirty days after the 
expiration of such lease or leases, in default of which said 
commissioner shall have the power thereafter to lease said 
tracts or parcels of land in the manner and form hereinabove 
provided; and at the expiration of any lease granted under 
the provisions of this act, the same may be renewed in like 
manner; and in the event that any of said leases are not 
renewed the said commissioner shall fix the time within which 
the oysters and clams upon the tract or parcel of land covered 
by such lease shall be removed by the person or persons own- 
ing the same, and he shall cause notice of said time so fixed 
to be personally served in the manner and form hereinabove 
provided upon the person or persons aforesaid, and the said 
tracts or parcels of land shall not be leased to others until 
after the expiration of the time so fixed. 

241. EXCLUSIVE RIGHT OF OCCUPATION. 

Sec. 5. Upon the execution of any lease or leases for any 
tract or parcel of land under the provisions of this act, and 
upon the payment of the rental at the time and in the manner 
stipulated, the lessee or lessees and his, her or their legal 
representatives shall be entitled to the exclusive use and occu- 
pation of the said tract or parcel of land during the term for 
which the same shall be leased for the purpose of planting, 
growing, cultivating and taking or gathering oysters and 
clams thereon, subject to the said commissioner's right of 
forfeiture, as hereinabove provided. 

242. WHO MAY PLANT OYSTERS. LIABILITY FOR TRES- 

PASSING. 

Sec. 6. It shall not be lawful for any person or persons 
whatsoever, other than the lessee or lessees, aforesaid and 
their legal representatives, to plant, gather, take, injure or 
destroy any oysters or clams within the boundaries of any 
tract or parcel of land leased or rented, as herein provided, 



Relative to Shell Fish Industry 101 

during the term or terms for which the same may be leased 
or rented, without the written permission or consent of the 
said lessee or lessees, or his or their legal representatives first 
had and obtained; and if any person or persons shall enter 
within said boundaries without such permission or consent 
and injure, gather, take, or destroy any oysters or clams 
therein planted and growing, or commit any trespass thereon, 
he, she or they so trespassing shall be liable to the party 
injured for the first offense in treble damages, to be recov- 
ered in an action of trespass in any court having competent 
jurisdiction thereof; and for the second offense shall be 
deemed guilty of a misdemeanor, and upon conviction shall 
be punished by a fme not exceeding one hundred dollars, or 
imprisonment in the county jail not exceeding three months, 
or both. 

243. RECORD TO BE KEPT. ANNUAL REPORT. COMPENSATION. 

Sec. 7. Said commissioner shall keep an accurate record 
of all leases of any of the tracts or parcels of land by him 
leased under the provisions of this act, which record shall be 
known as a book of leases ; he shall also keep a record of his 
official acts and proceedings, and shall collect and receive all 
moneys due and to become due from time to time for rentals 
of the tracts and parcels of land under the leases herein pro- 
vided for, or from any other source by virtue of this act, he 
shall annually, on or before the first day of October, report, 
under oath, to the state comptroller his receipts and disburse- 
ments, and after said report shall be audited and approved 
by the state comptroller, he shall pay to the state treasurer 
the balance of money remaining in his hands as shown by said 
report; he shall receive for his services, each year, one-half 
of the gross receipts from said oyster and clam grounds, 
which amount shall be ascertained from his annual report, 
and shall be paid by the state treasurer on the warrant of the 
state comptroller, after his said report shall be audited and 
approved as aforesaid; said commissioner shall also annually 
report to the bureau of shell fk.iories of this state, on or before 



102 Statute Law of New Jersey 

the first day of November, his receipts and disbursements, a 
memoranda of all leases entered into by him with lessees of 
said land; and shall also file with said bureau a copy of all 
maps and surveys of the land comprised within said bound- 
aries; and when required by the chief of said bureau, shall 
also file any other records, papers, writings or data or reports 
pertaining to his office and the land over which he is to have 
jurisdiction by virtue of this act. 

244. REPEALER. 

Sec. 8. All acts or parts of acts, general or special, incon- 
sistent herewith be and the same are hereby repealed, and 
this act shall take effect immediately. 



A Further Supplement to an act entitled "An act for 

THE PUNISHMENT OF CRIMES" [REVISION OF 1898], AP- 
PROVED June fourteenth, one thousand eight hundred 

AND NINETY-EIGHT. 

Approved March 22, 1901. 

245. WHEN OYSTERS MAY BE TAKEN FROM SHARK RIVER. 

(P. L. 1901, p. 326.) 

Sec. 1. It shall not be lawful hereafter for any person or 
persons to take or dredge oysters from Shark river, in the 
county of Monmouth, in this state, between the hours of six 
o'clock P. M. and six o'clock A. M. 

246. PENALTY. 

Sec. 2. Any person or persons violating the provisions of 
this act shall, on conviction thereof, be punished by a fine 
of not less than ten dollars and not more than one hundred 
dollars. 

(Superseded by act of March 4, 1918, Chapter 216, P. L. p. 7S0, Section 29 supra.) 
Note. — All the powers and duties of the oyster commission mentioned in this act 

are transferred to the Board of Shell Fisheries by act of April 23, 1915. P. L. p. 731,. 

Sections 1 to 15 supra. 



INDEX—DIGEST 



A. 

Page 

ATLANTIC COAST, Department of 7 

ATLANTIC COUNTY 

Marking channels in 54 

Natural beds may be worked by daylight only .._ 33 

Size of clams taken in waters of 31, 39 

Time for taking oysters in 29 

Regulation of oyster industry in waters of 79 

Commission, control by 79 

Superintendent, salary, bond, duties 79 

Power of commission 79 

Protection of oyster beds by guard boats 80 

Public clam beds 80 

Seed oyster beds, closed season 80 

Office established 80 

Leases to be granted by commission 11, 80 

Persons entitled to 81 

Renewals -... 81 

Leased lands to be surveyed and mapped 81 

Right to priority of lease... 82 

Unexpired licenses by Shell Commissioners protected.... 82 

Revenue payable to State 82 

Statement to be filed with Comptroller 83 

Unleased land not to be used , 83 

Right to stop boat and inspect oysters 84 

Power to arrest on view 84 

Revocation of license for violation of act.. 84 

Prohibited persons and boats 84 

Exclusive .rights in leased lands 85 

Penalty for violation of act... .1 — 85 

Additional territory subject to lease 86 

Lease, right to - - 86 

Conditions, term, acreage, rental, forfeiture 87 

Granted to residents only. 87 

Riparian grants excluded — 87 

Rights of fishery maintained : — - 87 

Laws applicable - - 88 

Deposit by applicant for lease — 88 

Exclusive right to leased ground 88 

Penalty for violation of act misdemeanor........ 89 

(103) 



104 INDEX 

B. 

BOARD OF HEALTH Page 

(See State Board of Health) 

BOARD OP SHELL FISHERIES 

Department established by act of April 23, 1915 5 

Name, membership, qualification 5 

Counties represented by members.. 6 

Appointment, terms, vacancies, meetings, president 6 

Director, election and compensation 6 

Salary and term of 6 

How removed 9 

Departments 7 

Powers and duties of, 

Board of Shell Fisheries 7 

Department of Maurice river cove...; 7 

Department of Atlantic coast 7 

Sub-departments or divisions 7 

Employees' salaries, how fixed 8 

Appointment and tenure of office 9 

Annual report to Legislature 8 

Secretary, powers and duties 8 

Director, powers and duties 8 

Witnesses, attendance, oath 8 

Employees, appointments and tenure 9 

Retention of present employees 10 

Positions, how abolished 10 

Codification of laws relating to Shell Fish Industry 9 

Explanation of terms used in act 10 

Repealer 11 

Constitutionality of act 11 

Power to lease lands under water 11 

Period of rentals... 12 

Leased lands to be measured and mapped 13 

Leases and transfers to be recorded 13 

Oath prescribed for applicant *. 13 

Taking oysters and clams from spawning ground 13 

Tongers' licenses 14 

Citizenship of applicant 15 

Privilege granted by license 15 

Certain processes of taking forbidden 15 

Where hand-tongs to be used 15 

Closed season 16 

Working on leased ground without permission 16 



INDEX 105 

BOARD OF SHELL FISHERIES— Continued Page 

Page 

Rough cull law 17 

Power to lease condemned land 19 

Shell fish, how removed _' 19 

Bond required on removal.... 19 

BUREAU OF SHELL FISHERIES 

Established by act of April 14, 1903 20 

Chief, appointment, salary, term 20 

Oyster Commissions to report to 20 

Copies of maps and leases to be filed with 20 

Office established at State House 21 

Powers and duties of Chief of Bureau 21 

Observation station authorized 21 

BURLINGTON COUNTY 

Natural beds to be worked by daylight only 33 

Owners of flats in, may plant oysters, etc 34 

Penalty for taking planted oysters, etc 34 

Rakes, penalty for using 35 

Time for taking oysters in 29 

c. 

CAPE MAY COUNTY 

Cape Shore exempt from State Control act 75 

Certain lands exempt from lease. 76 

Dredging below established line in 40 

Marking channels in 54 

Time for taking oysters in 32 

CHANNELS 

Act for marking of, in certain counties 54 

Navigable channels to be indicated 54 

Oyster superintendent to perform duty 54 

Assistants and material 55 

Federal buoys not to be disturbed 55 

Public to be notified concerning markings 55 

Compensation for work done under act 55 

Annual statement to be filed.... 56 

Removal of markers a misdemeanor 56 

CLAMS 

Atlantic County size law.. '. 39 

Beds to be inspected .41, 56 

Catching from power boats prohibited 42 

Dredging for, below established line 40 

Grounds not to be used for planting oysters '.. 45 



106 INDEX 

CLAMS— Continued Page 

Size law for hard and soft clams 39 

Unlawful to gather from condemned bed 42, 58 

Unlawful to gather in closed 'season 13 

CODIFICATION OF LAWS RELATING TO SHELL FISH 

INDUSTRY 9 

CREEKS 

Closed season in certain 16 

Instruments, except hand-tongs, prohibited in certain.. 15 

State control act not applicable to certain 75 

Unlawful to dredge in certain 15, 37 

Unlawful to lease lands in certain 12 

D. 

DAYLIGHT 

Clams and oysters to be taken only by 19, 33 

DELAWARE BAY AND RIVER 

Dredging prohibited in creeks tributary to 15, 37 

Act of 1894, not applicable to 46 

Act of 1899, not applicable to 48 

No grant of exclusive right in 61 

Oyster laws applicable to 62 

State Oyster Commission, jurisdiction 62 

Superintendent, duties, salary 63 

Commission, powers and duties of 64 

Office established in Cumberland County 64 

Commission empowered and directed to lease lands 64 

Term of lease, rental per acre 12, 65 

Occupants at passage of act preferred 65 

Grounds to be surveyed and mapped 65 

Specified beds not to be leased 12, 66 

Vessels engaged in industry must be licensed 66 

Qualifications of applicant for lease or license 67 

Non-residents excluded 67 

Application made under oath 67 

Revenue for sole use of State 68 

Superintendent required to account monthly 68 

Southwest line established 69 

Closed season, above line 70, 73 

Closed season, below line 74 

Lands leased below line 69 

Dredging on unleased lands prohibited 69 

Catch to be rough culled 69 

Penalty for illegal dredging 69 



INDEX 107 

DELAWARE BAY AND RIVER — Continued Page 

Closed season on natural beds 70 

Oysters to be taken by daylight only 70 

Non-residents excluded from oyster business 70 

Title to lands not confirmed by act 71 

Penalty for violations 71 

Inconsistent acts repealed 71 

Markers for leased oyster grounds 71 

Price, maintenance and penalty for neglect 7 2 

Penalty for removing 72 

Removal or defacement a misdemeanor 73 

Counterfeiting of marker made felony 73 

Closed season above southwest line 73 

Closed season below southwest line.. 74 

Dredging by person other than lessee, prohibited 74 

Trespassing below southwest line, misdemeanor 74 

Permission to inspect unleased land 75 

Tributaries of Delaware bay excepted from act 75 

Violation of act made misdemeanor 75 

Power to arrest without warrant 75 

License of violator to be revoked 76 

Repealer 76 

Certain lands exempt from lease 76 

Act extended to Raritan bay 76 

District defined, open season 77 

Salary of superintendent 77 

Commissioners, powers, quorum, term — 77 

Act further extended 78 

DEPARTMENT OF ATLANTIC COAST 7 

DEPARTMENT OF MAURICE RIVER COVE 7' 

DIRECTOR (See Board of Shell Fisheries) 

DREDGES 

Definition of 34 

Penalty for carrying 24 

Penalty for using... 15, 22 

G. 

GENERAL ACTS RELATIVE TO CLAMS AND OYSTERS 2 2 

Actions, how commenced under act .,.. 24 

Against vessels, procedure 25 

Atlantic County 

Marking channels in - 54 

Natural beds worked by daylight only 33 

Size of clams taken in — 31, 39 

Time for taking oysters in 29 



108 INDEX 

Page 
GENERAL ACTS RELATIVE TO CLAMS AND OYSTERS — Continued 

Board of Health 

Duty to inspect oyster grounds 41, 56 

Duty to inspect clam beds 41, 56 

Beds and grounds, when condemned 56 

Jurisdiction of '. 56 

Inspection of oyster and clam beds.... r 41 

Record of inspections 41 

Selling from condemned beds, prohibited 42 

Duty to inspect oyster and clam beds 56 

Polluted beds to be condemned 56 

Evidence of use for food 57 

Pollution prohibited 57 

Rules and regulations, right of entry. 58 

Officials not to be hindered, penalty 58 

Pleadings, practice, judgment, execution 58 

Defendant may be imprisoned 59 

Judgment against corporation 59 

Injunction against violations 59 

Appropriations 60 

Burlington County 

Natural beds to be worked by daylight only 33 

Owners of flats in, may plant oysters, etc 34 

Penalty for taking planted oysters, etc 34 

Rakes, penalty for using 35 

Time for taking oysters in 29 

Cape May County 

Dredging below established line in 40 

Marking channels in 54 

Time for taking oysters in 32 

Clams 

Atlantic County size law 39 

Beds to be inspected 41, 56 

Catching from power boats, prohibited 42 

Dredging for, below established line. 40 

Grounds not to be used for planting oysters 45 

Size law for hard and soft clams.. 39 

Unlawful to gather from condemned bed 42, 58 

Creeks 

Closed season in certain 16 

Unlawful to dredge in certain 15, 37 

Where hand-tongs to be used 15 

Delaware bay and river 

Act of 1894, not applicable to 46 

Act of 1899, not applicable to 48 



INDEX 109 

Page 
GENERAL ACTS RELATIVE TO CLAMS AND OYSTERS — Continued 

Dredging in creeks tributary to 15, 37 

Grant of exclusive right in, prohibited 61 

Oyster law applicable to 62 

Dredges 

Definition of 34 

Penalty for carrying .__ 24 

Penalty for using 22 

Great and Little Egg Harbor rivers 

Oysters may be planted between 27 

Health, Board of 

(See State Board of Health) 

Justices of the peace 

Information before two (see note).... 25 

Jurisdiction 40, 45 

Warrant issued by 23 

Lime, gathering oysters for, prohibited 23 

Marsh and meadows 

Owners of, may plant oysters on 26, 28, 32 

Monmouth County 

Time for taking oysters in waters of 29 

Natural beds 

Shells not to be removed from 30, 47 

Worked by daylight only 33 

Exclusive right to, not granted. 38 

Mechanically propelled vessels not to be used on 40 

Title confirmed to certain 44 

Not to be planted on 46 

Unlawful to take oysters from, in closed season — 13 

Riparian grant not to include - 61 

Navesink river 

Oysters, how taken in.. — 26 

Non-residents 

Mortgage on vessel not to be held by 35 

Oysters not to be planted or grown by 43 

Penalty for gathering clams and oysters by 31 

Ocean County 

Marking channels in... ~ 54 

Natural beds in, to be worked by daylight only 33 

Officers 

Compensated, how 36 

Penalty for resisting 25 

Power to arrest offenders 36 



110 INDEX 

Page 
GENERAL ACTS RELATIVE TO CLAMS AND OYSTERS — Continued 

Special, how appointed 36 

Penalties for 

Using dredges in certain waters 15, 22 

Selling oysters out of season 23 

Gathering oysters for lime 23 

Carrying dredge 24 

Non-resident gathering clams and oysters , 31 

Resisting officer 25 

Breaking down fences 26 

Taking oysters without permission... ....16, 28, 34, 37 

Selling clams under size 31 

Violating provisions of act 33 

Taking oysters before daylight 33 

Using rake in certain waters 35 

Dredging in certain creeks 37 

Below established line 40 

On bed duly staked up 38 

For planted oysters without permission 38 

Taking undersized clams 39 

Gathering oysters from condemned ground 42, 56 

Gathering clams from condemned ground 42, ~>6 

Using power boat on clam ground 42 

Non-residents planting or growing oysters 43 

Removing stakes from planting grounds 46 

Shells from natural beds 47 

Uniform procedure to enforce penalties 48 

Jurisdiction, procedure, arrest without warrant 49 

Costs and fees, hearing 50 

Disposition of moneys recovered 51 

Appeal allowed, record remitted 51 

Powers and duties of commissioners 51 

Evidence, arrest on Sunday 52 

Proceedings to be in name of State.... 52 

Second conviction 52 

Channel act, violation of 56 

Private grounds 

Oysters on, personal property 44 

Persons occupying, confirmed in title 44 

Trespassing on, a misdemeanor 44 

Vessel unlawfully used on, forfeited.... 45 

Clam grounds not to be used as 45 

Stakes on, shall be yielding 45 

Natural beds not to be included in 46 



INDEX 111 

Page 
GENERAL ACTS RELATIVE TO CLAMS AND OYSTERS — Continued 

Title to, not to run against State 46 

Act not applicable to Delaware bay... 46 

Stakes not to be removed from _ 46 

Propagation of oysters 

Annual appropriation for, report 53 

Equipment 53 

Experiment station 53 

Scientific investigation of 53 

Riparian Commission 

Grant by, not to include oyster beds 61 

Exclusive privilege, not to be granted by 61 

Shells, not to be removed 30 

Stakes 

When must be set 28 

How set - 29, 45 

Removal of 46 

Time for taking oysters in 

Atlantic County 29, 33 

Burlington County 29, 33 

Cape May County.. 32 

Certain Creeks 37 

Monmouth County 29 

Time for raking beds 22 

Tongers 

Act for licensing 14 

Licenses, by whom granted 14 

Vessels 

Forfeited if illegally used 35, 38, 41, 42, 45 

How proceeded against and forfeited — 25 

Mechanically propelled, unlawful 40, 42 

Mortgage on, to non-resident, unlawful 35 

Must be owned by residents 35 

Not to carry dredges --- 24 

H. 

HEALTH, BOARD OF 



(See State Board of Health) 



J. 



JUSTICES OF THE PEACE 

Information before two (see note) 25 

Jurisdiction 45 

Warrant may be issued by 23 



112 INDEX 

L. 

LEASES OF LANDS UNDER WATER IN Page 

Atlantic County 11 

Delaware bay 11 

Ocean County 11 

Raritan bay 11 

Shark river 11 

M. 

MARKERS 

Required on leased lands in Delaware bay 71 

MAURICE RIVER COVE (See Delaware Bay) 

Department of 7 

N. 
NATURAL BEDS 

Shells not to be removed from 30, 47 

Worked by daylight only 33 

Exclusive right to, not granted 38 

Mechanically propelled vessels not to be used on 40 

Title confirmed to certain 44 

Not to be planted on 46 

Unlawful to take oysters from, in closed season 13 

Riparian grant not to include 61 

Certain, not to be leased 66 

Closed season on 13, 70 

NON-RESIDENTS 

Prohibited from 

Gathering oysters, etc 31 

Holding mortgage on vessel 35 

Planting or growing oysters... 43 

Leasing ground in Delaware bay 11 

Operating vessel in Delaware bay 67 

Excluded in Atlantic County 11, 84 

Excluded in Delaware bay 11, 70 

Excluded in Ocean County 11 

Excluded from holding tongers license 15 

o. 

OCEAN COUNTY 

Natural beds in, to be worked by daylight only 33 

Channels in, how marked 54 



INDEX 113 

OCEAN COUNTY— Continued Page 

Acts relating exclusively to 89 

Holders of staked grounds confirmed in title 89 

Holders of staked grounds may plant oysters.. 90 

Penalty for gathering oysters without permission 90 

Clam grounds not to be used for planting oysters 90 

Stakes not to impede navigation 90 

Planters on natural beds deemed trespassers 90 

Oysters planted on natural beds, forfeited 90 

Act not to give title against State 91 

Riparian Commissioners may make grants 91 

Oyster Commission for Ocean County created 91 

Superintendent, salary, bond, duties 91 

Powers and duties of Commission '.. 92 

Office established in Ocean County ~ 92 

Territory subject to lease 92 

Leases, first right to - - 93 

Lands to be surveyed and mapped 93 

Title not confirmed - 93 

Lessee and licensee, qualifications of 94 

Prior leases to remain in force - 94 

List to be furnished superintendent 95 

Fees and rents collectible ----- 95 

Reports by superintendent ~ — - 95 

Tonging, regulated - - - 96 

Offender may be arrested on view - ' 96 

License of, may be revoked ~ - 97 

Non-residents excluded from privileges. 97 

Dredging on unleased land, prohibited 97 

Penalty for violating act 97 

Repealer 98 

Tonging on leased land, prohibited 98 

P. 

PROPAGATION OF OYSTERS 

Appropriation for - 54 

Annual report - 54 

Equipment - 54 

Experiment station established 53 

Scientific investigation of 53 

PENALTIES 

Using dredges in certain waters. 15, 22 

Selling oysters out of season - 23 

Gathering oysters for lime — - 23 

Carrying dredge , - ----- 24 



114 INDEX 

PENALTIES — Continued Pag* 

Non-resident gathering clams and oysters 31 

Resisting officer 25 

Breaking down fences 2G 

Taking oysters without permission 16, 28, 34, 37 

Selling clams under size 31 

Violating provisions of act 33 

Taking oysters before daylight 33 

Using rake in certain waters 35 

Dredging in certain creeks 37 

Below established line 40 

On bed duly staked up 38 

For planted oysters without permission 38 

Taking undersized clams 39 

Gathering oysters from condemned ground 42, 56 

Gathering clams from condemned ground 42, 56 

Using power boat on clam ground 42 

Non-residents planting or growing oysters 43 

Removing stakes from planting grounds 46 

Shells from natural beds 47 

Uniform procedure to enforce penalties 48 

Jurisdiction, procedure, arrest without warrant 49 

Costs and fees, hearing 50 

Disposition of moneys recovered 51 

Appeal allowed, record remitted 51 

Powers and duties of commissioners 51 

Evidence, arrest on Sunday 52 

Proceedings to be in name of State 52 

Second conviction 52 

Channel act, violation of 56 

Failure to rough cull in Delaware bay 17 

Illegal dredging in Delaware bay 74 

Violations made misdemeanor 71 

Neglect to place markers 72 

Removal of markers 72 

Counterfeiting of markers 73 

Dredging by other than lessee 74 

Violation of State control act 75 

Atlantic County act 85 

Ocean County act 90, 97 

Shark river act 100, 102 

R. 

RARITAN BAY 

State control act extended to 76 

Territory included 76 



INDEX 115 

RARITAN BAY— Continued Page 

Open season in 77 

Superintendent, salary 77 

Commissioners, number, quorum 77 

Powers, duties and term 77 

Act further extended.. 78 

RIPARIAN COMMISSION 

Grants of exclusive privileges by, prohibited 61 

Grants of natural oyster beds by, prohibited 61 

Not affected by Atlantic County act 87 

Not affected by Ocean County act 91 

ROUGH CULL LAW 

Catch to be culled 17, 47 

s. 

SHARK RIVER 

Acts relating exclusively to _ 98 

Prior surveys and maps adopted 99 

Further surveys authorized.... 99 

Rights of prior lessees preserved 99 

Exclusive right of occupation.... 100 

Liability for trespassing... 100 

Record of leases 101 

Commissioner, records, report, salary 101 

Oysters to be taken in day time only 102 

Penalty for violation 102 

SHELL FISHERIES, BOARD OF 

(See Board of Shell Fisheries) 

SOUTHWEST LINE 

Closed season above line 70, 73 

Closed season below line... 74 

Dredging below line by person other than lessee, misdemeanor 69 

Established in Delaware bay 69 

Lands above, not to be leased.. 12 

STATE BOARD OF HEALTH 

Inspection of oyster and clam beds.... 41 

Record of inspections ' 41 

Selling from condemned bed, prohibited 42 

Duty to inspect oyster and clam beds 56 

Polluted beds to be condemn3d 56 

Evidence of use for food 57 

Pollution prohibited, rules and regulations — 57 

Right of entry, officials not to be hindered, penalty 58 



116 INDEX 

STATE BOARD OF HEALTH— Continued Page 

Pleadings, practice, judgment, execution 58 

Defendant may be imprisoned 59 

Judgment against corporation 59 

Injunction against violations 59 

Appropriations 60 

Repealer 60 

STATE OYSTER COMMISSION 

(See Delaware bay and river) 

T. 

TONGERS 

How licensed 14 

Citizenship of applicant 15 

Privilege granted by license 15 

V. 

VESSELS 

Forfeited if illegally used 35, 38, 41, 42, 45 

How proceeded against and forfeited 2 5 

Mechanically propelled, unlawful 40, 42 

Mortgage on, to non-resident, unlawful 35 

Must be owned by residents 3 5 

Not to carry dredges 24 

Licensed in Delaware bay 66 



LIBRARY OF CONGRESS 
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